When do they freeze your bank account?

[Susan]

Hi,
It has been a year since I stopped paying credit cards.
The banks stopped calling and now the credit collectors are calling.
Question:
How long will it be before my checking account gets "frozen", . .
or when they try to go after the funds?
Will the bank notify me first?
Thank you

[SMinGA]

In general, a creditor cannot touch your bank accounts nor garnish your paycheck without first filing a lawsuit and prevailing. The exception would be if you had deposits at the same bank where you owed debts... They may be able to offset what you owe by your balances.

[Susan]

thanks SMin,
That bank is not one that I have credit cards with.
So they need to take me to court first before they can touch the account?

[SMinGA]

Yes. They must go thru the legal processes.

[Susan]

I received a phone call from a "Marshal", I think, . . it sounded like he said he was
from the Marshal's office or something, . . it was hard to hear.
I'm not answering the phone so it was left on my machine.

Is this possible? Can a Marshal take action on credit card debt without first going to court? I know Marshal's can go after your bank account very easily I think.

I really only use my checking account for paying rent, and try to keep it at zero balance most of the time, just in case something like this can happen.

[plisar]

Are you talking about a US Marshal?

[Susan]

I'm not sure, but I guess.

If your bank is frozen, does the bank notify you?

[nc73]

Um I didn't think Marshalls handled debt. In any case they are just scaring you.

[keptdigging]

Once you get sued, you have some decisions to make.
Until you get sued (and they win), they can't touch you or your account. They're just masters of making you think they can.
And getting sued means legal papers served on you giving you time to "answer." The courts or the bank don't just "take their word for it."
So when (if!) you get served with legal papers, that's your first warning.

[Susan]

I noticed you have experience with this : 3/2010 already sued and didn't know it

You got sued only after 3 months of not paying your CC's?
And how did you not know about it?

It's been 13 months for me. The CC companies stopped calling and now the collection agencies are, and I'm getting letters from lawyers now.
How long will it be before I get hit with a court appearance?