Can a debt collector get into my bank account?

07/07/2021
A pile of money.

Share


Some conditions are necessary for a debt collector to access your account

Debt collectors can only go into your bank account if special criteria is met.

When consumers can’t pay their debts, creditors often enlist the services of debt collectors to recover the debt. So, in a situation where the debtor fails to pay, even with the involvement of a debt collector, can the said debt collector reach into the debtor’s bank account to offset the debts?

Simply put, yes, the debt collector can get into the debtor’s bank account. However, this is strongly dependent on multiple conditions.

Conditions for a debt collector to get into a debtor’s bank account

The fact is that a debt collector can access your bank account to offset the debts you owe. However, certain circumstances are required. Let’s discuss the requirements.

1. Judgment and a court order

Generally, a debt collector cannot get into your bank account until they obtain a court judgment and order specifically authorizing them to do so. Thus, they must initiate an action against you and win the case. 

Then, the judge must order them to access your account before they can do so. Such an order is termed a garnishment

But for this to begin, of course, you must have been notified of the lawsuit as well as its dates and times of the hearing. Also, in keeping with the Fair Debt Collection Practices Act, the debt collector is bound to provide you with a debt validation letter itemizing the details of the debt owed.

Subsequently, you’ll have 30 days to dispute the debt or request its validation. When the debt collector proves that you owe the debt and you fail to pay, then they can initiate an action against you.

When all of these have occurred and the debt collector obtains a judgment against you, they can present the judgment to your bank, requesting an execution for the collection.

2. Federal debts

The United States government could be your creditor. This is the case where you owe federal debts such as: 

  • Unpaid taxes 
  • Federal student loans 
  • HUD-insured loans 
  • Small business administration loans 
  • Judgment liens for a debt owed the federal government

Where this is the case, a debt collector can access your account to offset the debt, and there is no need for a court judgment nor a bank levy.

3. Right of offset

In the event that the creditor is the same entity that you bank with, the creditor can access your bank account to withdraw funds. In this situation, there will be no need for a garnishment. This will be used to clear debts that are past due such as credit card payments or auto loans. 

As a matter of fact, this might be provided for in your contract with them. And unlike a garnishment where a court order and notification are necessary, the bank is under no obligation to notify you without making withdrawing the funds you owe.

This is only possible if the bank that you owe is the bank that you have an account with.

4. You give your authority  

A debt collector can access your bank account if you give them the authority to do so. You could implicitly authorize them to access your bank account if you provide your bank account details to them. Such a move is hardly ever recommended.

So, a debt collector can actually access your bank account, however, there are usually conditions necessary for it to be possible. 

We know that even though the law prohibits it, harassment by debt collectors is a real issue. If you find out that a debt collector is being less than civil in his interaction with you, don’t hesitate to contact us right away.    


Contact Us

+1 877-615-1725

info@consumerattorneys.com

Blog

Related Articles

Legitimate debt collectors usually work for debt collection agencies. They are third parties that recover old debt that a consumer has failed to pay, such as a loan or credit card debt.

01/21/2022


Are you receiving debt collection letters? Send them to Consumer Attorneys

Getting a letter in the mail from a debt collector saying you owe money can be alarming.

A man searching for his debts on a computer.

08/04/2021


How to find all your debts

You could be unaware of your existing debts

A man making a phone call.

07/23/2021


Can a collection agency report to the credit bureau without notifying you?

A collection agency can report your debt to a credit bureau without giving you notice

A couple paying off a medical bill.

07/16/2021


My medical bill got sent to collections after I paid it. What should I do?

You can dispute medical bills sent to collections

A person paying with money.

07/10/2021


What is the statute of limitations for debt collections?

Creditors and debt collectors must file a lawsuit for debt within a specific period after which they can’t do such

An angry man on a phone.

06/16/2021


How to know when a debt collector is harassing you

The law defines what amounts to harassment by a debt collector

View all articles