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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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If you are suied by a credit card company and they get a judgement

Resolved Question:

If you are suied by a credit card company and they get a judgement against you are they allowed to take money out of your checking and saving accounts. Note: The money in teh there was from student loans and the judgement was for $35 a week starting sept 1 2009. I live in CT
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 7 years ago.
Yes, so long as the funds in the bank account are not exempt from execution under CT law.

Many creditors prefer to start by tapping bank accounts first rather than going straight to wage garnishment. If the money is there, they get a much bigger chunk of the judgment satisfied without needing to wait as long.

The payment schedule you describe-a weekly amount, sounds odd to be included in a judgment...unless it's based on the garnishment amount allowable under local law based on your income level and the type of debt.

Thank you.

Customer: replied 7 years ago.
I never recieved any notice for exemptions. I don't know if they are exempt. I am a low income student is that normally an expemtion.
Expert:  Brent Blanchard replied 7 years ago.
Normally a notice of the execution is sent to the judgment debtor at the same time the bank tap takes place. This is needed to give the judgment debtor a chance to claim exemption(s), if any apply. I don't see anything in your questions which obviously qualify ordinary bank deposits as exempt.

You may want to discuss this with your bank. Get your money's worth out of their customer service people. They can't give legal advice, but they can tell you what the law *is* and how they are obligated to follow it regarding your accounts.

Assets and a portion of income are exempt from execution. People are not. Student status is nothing special in the eyes of the law regarding the legal obligation to pay one's debts. That, and income level, can get a deferment on the beginning of the payback period for student loans, but don't help in any other setting.

Thank you.

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Customer: replied 7 years ago.

I am a little confused. Should I have gotten a letter and a change to claim exemtion on a default judgement? Should it happend before they took the money out of the bank.


Don't they have to leave in something? I have less then $3,000 does that make a difference?