Can you get a judgement put on you and your bank account levied/garnished w/o any notification of court hearing.
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Can you get a judgement put on you and your bank account levied/garnished w/o any notification of court hearing.
We got our account froze/levied without any notification of intent to sue, or a cout date to show up. Is this legal to be done? (the debt was an unpaid traffic ticket) and the collection agency is the one that took it to court
Asked on May 31, 2009 under Bankruptcy Law, Washington
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I wouldn't bet on this being illegal. You should check with an attorney in your area, and you can find lawyers in places such as our website, http://attorneypages.com
If this were a commercial creditor, I would say you were entirely right, that you should have had notice and a hearing -- and a trial to judgment! -- before your bank account was levied on. But an unpaid parking ticket is a different matter; the ticket gave you notice of a court hearing, if you wanted one. When you didn't show up, the judgment was entered against you by default. The collection agency is actually working for the government, on this one.
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