Legal Question in Credit and Debt Law in Louisiana

The other day, I received a debt settlement offers from a collection agency. The debts was valid and I sent them a check for one of the settlement amounts. Now, I am kicking myself because of the check payment - I fear that they might use my checking account number to withdraw more money that is owed. Would they be able to do this?


Asked on 5/03/12, 9:21 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Not unless they already have a judgment against you from a court of law. Even in that instance, they would have to file a writ with the court to seize the bank account.

Most collection attorneys don't do things like that. All the ones I have known only seize property when people refuse to pay. If people are making payments and trying to do the right thing, they work with them. If, as you say, this is a valid debt, my best advice is to keep working with them to get it resolved. Get your agreements in writing whenever possible and ALWAYS get receipts.

You should also know that once a company has written off a debt as a bad debt, they will often take MUCH less than what is owed to settle the debt. They can also negotiate other things with you, such as removing the bad debt from your credit report. Think of things like that before you negotiate, or hire an attorney to negotiate for you.

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Answered on 5/13/12, 9:58 am


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