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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33555
Experience:  Began practicing law in 1992
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Can a third party collection firm go through a bank in Oklahoma

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Can a third party collection firm go through a bank in Oklahoma to seize my bank account in texas. I am a texas resident but me bank has recently expanded to Oklahoma.
Dear JACUSTOMER - If the collection firm has filed a suit and obtained a judgment then they can attach your account in any state in the US. It's not quite that simple, however, since they would first have to know the account existed and second they would have to register their judgment in the county where the account is located. So if there is no judgment they can't attach anything and if there is they have to register it in OK in order to attach the account. I'm not certain from your facts exactly where the case stands. The fact that they are a third party is irrelevant if they have purchased the commercial paper from the original creditor.
Customer: replied 4 years ago.

The back child support is owed to Florida. Texas requires a 30 day notice so as long as my bank was in Texas no worries. They have now expanded into Oklahoma. If they have the same type of laws as Texas I would be OK.

I will have to opt out. I did not know this was a child support case and I was basing my answer on a general collection case. I do not know the specific law in OK as to this situation.
Customer: replied 4 years ago.
Relist: Other.
Doesn't know the law
No, if you live in Texas they have to get a Texas order to seize a bank account opened in Texas. Banks are partially regulated by federal law but also by state law. In this case a deposit in Texas can't be seized outside of Texas.
Customer: replied 4 years ago.

It has happened once. 2000 I was with Chase and they went through a Chase bank in either Alabama or Georgia. No notice. One day the money was there, the next is was gone. They relieved me of around $9000 at that time.

It's not legal. You can sue them to recover the money. The court could issue an order of garnishment but the money would then be set aside until a hearing could be held.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33555
Experience: Began practicing law in 1992
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