Legal Question in Credit and Debt Law in Missouri

I'm following up on a question I had before about a collection agency garnishing a bank account. If I understand the response I received correctly, a collection agency would have to have a court judgment before it could take money out of a bank account. It couldn't do so without this court judgment. So the person being sued would have some advance warning--namely the upcoming court date. Am I correct?


Asked on 8/05/09, 5:20 pm

1 Answer from Attorneys

Anthony Smith LawSmith

YES- It is a requirement that a defendant be given notice and an opportunity to defend themself before a judgment may be entered and an execution on their assets. Sadly, many defendants do not pay attention and allow a judgment to be enterd by default. They sometimes don't understand that they are being sued until their bank account is garnished.

Good Luck

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Answered on 8/06/09, 4:56 pm


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