Legal Question in Credit and Debt Law in Tennessee

can company make you get checking account

A collection agency has informed us that if we did not get a checking account they would garnish my check. I tried to work out an arrangement with a money order and they refused. By law can they make me get a checking account or credit account to pay the account?


Asked on 4/12/04, 6:48 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: can company make you get checking account

Short answer. NO. If you are in Tennessee and a creditor obtains a judgment against you, they have 2 means to collect on that judgment. The first is by garnishment of your paycheck. This can be blocked by you if you file a motion in the court that awarded the judgment to permit installment payments on the debt. You have to prove that you are paying the most you can, but it will block the garnishment. On the other hand, if you have a checking account, your creditor can levy on that account and you cannot block it. A levy, in many circumstances, cannot be undone by this type of process and is not limited in how much money it takes out. If you have concerns that the creditor is harassing you, you may want to seek legal counsel.

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Answered on 4/13/04, 12:47 pm


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