Legal Question in Credit and Debt Law in Colorado

long story but a debt collector for a credit card had every penny in every account we have taken out without prier notice from anyone. were a single income family living check to check and dont know what to do

Asked on 7/19/16, 2:56 am

1 Answer from Attorneys

Stephen Harkess Colorado Legal Solutions

In order to do this, the creditor had to sue you. That lawsuit might have been served months or even years ago, but there was a lawsuit. Your bank will be able to give you a copy of the garnishment order which will show you the information about the lawsuit. After you get sued, you do not get any additional notice before money is garnished from your bank accounts. When the garnishment order is served the money is frozen.

You can go to court and challenge the garnishment. You have a very short time to do this. If you are successful, the money will be put back into your account. To succeed, you will probably have to prove that there is something deficient with the original lawsuit. Alternatively, you might be able to recover some of the money that is currently frozen if you file for bankruptcy protection before the money is turned over to the creditor. Again, you have a short time to do this before the money will be unrecoverable.

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Answered on 7/19/16, 8:25 am

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