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This is a discussion on Can they go after your bank accounts? within the Option One Mortgage - American Home Mortgage Servicing forums, part of the Stop Foreclosure and Tell Us Your Story category; I live in the state of Florida and the bank is AHMSI. my bank accounts are with another bank. Can ...
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| Junior Member Join Date: Oct 2009
Posts: 2
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Can they go after your bank accounts? I live in the state of Florida and the bank is AHMSI. my bank accounts are with another bank. Can they look at my bank accounts and/or my husbands? We have joint and separate accounts. Can they go after my bank accounts. Thanks |
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| | #3 (permalink) |
| Senior Member Join Date: Aug 2009 Location: Florida
Posts: 187
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can they go after your bank accounts? I would like to know the answer to that question too. It would seem they would need a court order, but I'm not sure. |
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| | #4 (permalink) |
| Senior Member Join Date: Oct 2009 Location: Minnesota
Posts: 68
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can they go after your bank accounts? I'm not totally sure I understand your question....here is what I know. If you bank at the same place as your creditor....then the creditor can withdraw the funds from your account to pay their debt without any pre-notice. The best thing to do in that case...is simply change banks. As for a creditor that is not with the same place you bank with...I believe this varies by state. Some states make it very hard for a creditor to collect funds from a person's checking, savings, or wages without going to court and getting a court order first. In my state, the creditor would have to have a subpeona issued to the person owning the money first. The debtor would then have to show up for court. Then the judge makes the determination. From what I understand, even if you receive a subpeona for court, there is still a good amount of time to settle the debt with the creditor...as it may make more financial sense for the creditor to settle with the debtor before court, as court costs are expensive, and the judge may limit how much the creditor can garnish from the debtors bank accounts or wages. But...if your question has to do with asking for a bank modification, the mortgage company will want to see your last 2 banking statements. T |
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| | #5 (permalink) |
| Member Join Date: Aug 2009
Posts: 12
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Can they go after your bank accounts? Creditors can usually go after any assets. But, in most, if not all states, a creditor must get a court ordered judgment before they can put a levy on your bank account or a lien on your other assets or personal property. I would suggest you google the Statutes for your state. ie: Florida Statutes. Funds such as certain pensions, disability payments, social security etc., are protected from creditor predators. Also read about co-mingled funds. Best of luck, Curious |
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