Legal Question in Credit and Debt Law in Utah
Collections questions
Is it legal to take money out of a persons bank account without the bank account owners previous knowledge?
Asked on 6/20/03, 7:48 pm
2 Answers from Attorneys
Regina Mullen
Legal Data Services, PLC
Re: Collections questions
Taking money out of the account is called a "bank garnishment," and can usually be contested in court after the fact. However, the court will preseume a valid garnishment without conclusive proof that the money was illegally taken.
Answered on 6/22/03, 8:22 pm
Alvin Lundgren
Alvin R. Lundgren, L.C.
Re: Collections questions
If a party has a court order, they can remove money from an account without permission, however, notice must be given to the bank and account holder. A bank can remove money from an account, if the money was placed in the account by error. A person without authority cannot remove money from another's account.
Answered on 6/20/03, 9:29 pm
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