Legal Question in Credit and Debt Law in North Carolina

I had a creditor judgement ruled against me in North Carolina. I understand the creditor may levy my bank account. How do they find out about my bank accounts? If I have an account with a nontraditional "bank" via prepaid reloadable visa card like netspend, can the creditor find out about that account and freeze it?


Asked on 7/21/11, 7:55 pm

1 Answer from Attorneys

In my experience, if you have a pre-paid reloadable debit card, I have not had experience with these yet, but my best guess is no. It would be just like any other credit card you have. They cannot freeze that.

The creditor can levy your bank account but in order to do so, they first have to serve you with papers called a "notice of rights" and "motion to claim exempt property." Have they done that yet? You can exempt bank accounts on the form but it will depend on what other assets you have. Most people forget to include their bank account or ignore the papers and then the account can be frozen.

Creditors can find out about bank accounts by accessing credit reports on you or doing an asset search. They also can learn by the answers you provide in the motion to claim exempt property.

The good news is that debts can be resolved, often for less than the balance owed, if you have the means to do so. I give free email consults and can assist with resolving debts or reviewing exemption papers for a reasonable fee. Please contact me at [email protected] if interested.

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Answered on 7/22/11, 10:48 am


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