Legal Question in Credit and Debt Law in Virginia

frozen bank account

can a debt collector levy a bank account when the income comes from pension or retirement.


Asked on 3/04/09, 2:27 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: frozen bank account

They should not be able to. There is a distinction between garnishing wages vs. garnishing a bank account, but you should definitely object.

However, you will need to file your written objections to the garnishment in court, and get a hearing promptly in court. At that heaering, the creditor is entitled to try to find out how much of the money in the bank account comes from your pension. They will not assume it and will probably not take your word for it over the phone.

If they have not done it yet, you are probably safest, though, moving to a new bank where they do not know which bank you use.

If your bank account is garnished, it may result in your money being frozen and even checks bouncing. It is a good idea to have some cash outside the bank.

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Answered on 3/04/09, 3:51 pm


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