Question

can debt collectors take the money out of my son's bank account?

He is only 2 years old, the account is listed in his name (as a youth account at our credit union) mine, and his fathers. We are not married so there are three seperate names listed on the statements.

i think a collection agency is trying to get a judgement to take the money from my bank account. I was wondering if they are able to take his money as well since I am listed on there (he is too young to have it in his name only)

I have a seperate checking/savings account in my name only as well.

6 years ago - 9 answers

Best Answer

Chosen by Asker

It sounds like you are trying to hide your assets and hiding behind a baby.

If the credit agency manages to get the court order they can take the money. It is almost impossible though, the judge is not likely to award it. He is more likely to allow them to garnish your wages.

6 years ago

Other Answers

They can take any money that has your name associated with it.

by OG - 6 years ago

Absolutely not. They cannot take any money from any of your accounts...so don't let them tell you that they can. All they can do is take you to court...if they are in the same state you are in. If they win in court, they can garnish your wages. That is all the power they have.

Check out the article below. It tells you how to deal with these people, and what your rights are. Don't let them bully you.

Hope this helps.

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by 1 Hr Bookkeeper - 6 years ago

If the collection agency is able to get a judgement to take money from your bank account, then they can take money from any account associated with your name.

You should have your son's father open an account for your son in only his name and your son's name, and transfer your son's money to that account.

by Stephanie73 - 6 years ago

If you have been trifling with your credit, then the creditor can show evidence of your delinquency in a court hearing. At that hearing, the creditor can obtain a court judgment authorizing him to go into any bank accounts with YOUR name on it for the amount owed.

If the creditor finds a bank with whom you do business and presents the signed court order, the bank will usually enforce it.

This account is not JUST your son's account. It is all of y'alls account. Your 2 year old son is not of the age of legal majority to open an account in his own name ALONE. Since your name is ONE of the parties on the account, the creditor is seizing the very funds that, for some reason, you have refused to pay.

The nerve of them! I would sue them for trying to do their collection efforts effectively.

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by DaMan - 6 years ago

Unfortunately infiniti, you are wrong, bank accounts can be looked up under numerous ways. However, because this is an UTMA account the funds in it cannot be seized. There are many laws that protect UTMA accounts. I find it interesting that people would automatically assume that she is hiding money. If money is in that account to save for college then she would obviously want to protect it.

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by Chrystopher P - 6 years ago

You are at high risk to having that money taken from you because if he is not old enough to have his own account then your name will come up as the account holders name therfore the collection agencies will collect the money you owe from a account thats in your name......sorry to say

by Mr. George - 6 years ago

No they canot take because they are not authorised but they can go to court to recover money

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by julie - 6 years ago

If they go through the trouble of actually suing you and obtain judgment against you , they are able to attach to your bank account(s)....any bank account with your name associated on it, even if it's held jointly; garnish your wages ; and in California they may garnish up to 25% of your State Income Tax returns.
After judgement, the collectors are allowed to keep taking your money until judgment is paid...even if it takes the rest of your life.
They can't seize money from Social Security payments; disability;unemployment; Federal, state or government aid however.
Also, if it's a minor's savings account (UTMA)......I'm not sure that they can touch it.

I'm assuming it's credit card debt....you didn't state how much you owe but it might be worth it to contact them and negotiate a settlement that's realistic for you to repay and avoid being sued. Usually when the collectors begin contacting you, even though they may threaten to sue (and they can), it costs them money to do that and they are usually just trying to force a settlement instead anyway.

Just a note: NEVER, ever give them permission to electronically receive payment from your bank account. Get everything in writing and pay by Cashier's check.

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by Barb P - 6 years ago