Failing to repay debts can lead to serious consequences. In some cases, creditors and payday lenders may even sue their debtors to get levies on their bank accounts. This essentially means that you lose access to the money in your account. You cannot use it to pay bills or make everyday purchases until your creditor has been repaid. The creditor may also take money from your account.
There are several legal issues involved in bank account levies. If your account has been frozen, you will need to know some information that helps you regain access to your money and free yourself from the creditor.
How Debt Collectors Levy Bank Accounts
Debt collectors can only levy your bank account by going through the court system. Some people mistakenly believe that this means they will learn about legal action before their accounts are frozen. Technically, a process server should give you papers informing you of the suit. In reality, courts rarely insist that creditors contact debtors to inform them of legal action because it would give people time to remove money from their accounts.
The court system, however, does not work quickly. If you have an outstanding debt, collectors will seek repayment before taking legal action. Since most companies would rather collect money directly from you than undergo the hassle of legal action, you should have several opportunities to repay debts before your accounts are frozen. Those who do not take advantage of these opportunities, or who try to hide from their debtors, could lose access to their accounts without warning.
Limitations on What Creditors Can Levy
The amount of money that creditors can freeze usually depends on what state you live in. It’s common for courts to let your creditors levy up to two times the amount that you owe them. This limitation may leave you with access to some money, but there isn’t a strict rule that applies to every situation.
There are strict limitations, however, on money received from Social Security. According to federal law, courts generally restrict debt collectors from levying Social Security payments. This helps protect the elderly or handicapped from having necessary money taken from them.
Just because you get money from Social Security does not necessarily mean that debtors cannot levy your bank account, though. If you mix Social Security payments with money from other sources, then a court may let your creditors freeze the entire account. A court may also give debt collectors the opportunity to freeze your account if it holds more than two months of Social Security payments.
Joint bank accounts present more complications that vary from state to state. Nearly all states will let creditors levy bank accounts that belong to unmarried couples. Some states offer more protection to married couples with joint accounts. Since the laws that affect you depend on where you live, it’s important to learn about your state’s limitations. Some will only let creditors levy accounts when both spouses benefitted from services or products acquired by taking on debt. Others will let creditors levy joint bank accounts regardless of how spouses benefit.
Unfreezing Accounts to Regain Access to Your Money
Other than repaying your debts, there are few ways for you to gain access to your accounts. That doesn’t mean it is impossible, though. If you have money in an account that has not been frozen, you could use it to hire a lawyer and fight back. This approach does not always work even if you have a legitimate reason for not paying your creditors. Unfortunately, the lawsuit may have already been settled in court without your knowledge. This can make it incredibly difficult to contest.
It’s also possible that you could unfreeze your account by filing for bankruptcy. Bankruptcy protection may eliminate your previous debts so that you can start over. While bankruptcy is a legitimate way to regain access to your account, it is by no means perfect. Bankruptcy will stay on your credit report for seven to 10 years. Filing for bankruptcy also does not guarantee that you will get the protections you seek. If a judge refuses your request, you could spend a lot of money on legal action without getting anything in return.
Your final option is to stop using bank accounts. If you do not put money in your current account or open a new one, then your creditor cannot take money from it. Unfortunately, this means that you will have to use money orders to pay bills. That’s inconvenient and expensive. Many creditors will also respond by trying to garnish your wages, which will make your life even more difficult.
The easiest way to regain control of your account is to repay your debts. If you do not have enough money for repayment, then you may have to suffer the financial consequences until you do.
How much are you paying for your examining account each month? The number of financial institutions that are now providing completely complimentary checking has never ever been higher. A cost-free bank account is one that does not bill a monthly service charge and also does not demand a per product fee for such things as examinations. For instance, some banks will certainly allow checking account clients to write up to ten find outs per month as well as then restriction is reached they begin to charge a little fee for every added find out.
A completely complimentary checking account enables you to write as numerous examinations as you desire monthly without sustaining charges. It also permits your balance to drop to zero without sustaining costs or penalties.
What may surprise many individuals is that locating a totally cost-free checking account is normally easier if you shop smaller sized financial institutions or local financial institutions. High street banks are always eager to bring in brand-new consumers and then one way they could do that is to supply totally free checking. This does not suggest that there are no large financial institutions offering the same, yet generally, smaller financial institutions are a lot more inclined to provide cost-free monitoring compared to bigger banks.
When you are looking for free monitoring see to it you ask about ATM MACHINE use charges. Some financial institutions that supply free monitoring will also enable clients to access ATM MACHINE’s that lie on the premises totally free too. Various other banks could levy a tiny charge for this.
While it is becoming simpler to locate free monitoring for easy accounts, the very same is not real if you are looking for a passion bearing checking account that is entirely complimentary. Many passion bearing examining account do bring some fees to assist counter the brought in management prices associated with these kinds of accounts. There are, nonetheless, a few banks that offer free passion bearing inspecting accounts as well as the majority of these are on the internet banks. One study revealed that twenty-eight percent of internet banks supply these accounts while a simple 1.6 percent of interest-bearing accounts at traditional traditional financial institutions can be called free.
When it concerns cost-free bank account, consumers must beware. What one financial institution takes into consideration to be free monitoring, an additional financial institution could not. In fact, some banks will happily claim that they offer complimentary checking and reverse and demand a month-to-month charge for something or one more. For this reason, consumers should ask concerns and then read the financial institution’s plan prior to registering.
There are financial institutions that will provide totally free checking as long as you meet certain demands. Sometimes, this indicates using direct down payment or owning your own homeowner. It may imply maintaining a particular quantity of money in the account at all times. Generally, it can imply just about anything the financial institution wants it to suggest.
Some banks are supplying cost-free checking with packaged deals. For example, they might provide cost-free checking as long as you take out a CD or a few other financial investment option. Consumers should beware regarding entering these deals. The complimentary checking option could seem like a large amount, yet the other option could be expensive. It is always most effectively to merely discover a free checking account that has actually no strands attached.
The Internal Revenue Service might be a real nightmare for business people sometimes, having the authority to freeze your funds. Once the IRS issues the levy to your bank, the financial institution must comply by law. If you have unpaid taxes you might get a notice that your bank account has been frozen in order for the IRS to collect the unpaid taxes. Fortunately, it is a process and the better you understand it, the easier it will be for you to deal with it.
There are several reasons as to why the IRS would freeze your bank account in the first place. Firstly, the taxpayer might not be responding to notices demanding payment. Secondly, it is used to collect the remaining balance due, and thirdly to offer a Compromise Agreement.
Your bank will receive a notice from the IRS and you will, too. Do not ignore the mail you receive from the IRS. The bank is obliged to retain your funds frozen for at least 15 days before paying it over to the IRS. This can give you enough time to negotiate releasing your funds. The IRS will release your funds if you pay the tax, penalty, or interest that you owe.
Even if you are not financially stable enough to comply with the demands of the IRS and pay the money you owe, it is essential for you to communicate with the IRS. You will receive multiple CP14 notices, but the IRS will not be able to freeze your bank account right away even if you do remain silent. Upon receiving a Final Notice of Intent to Levy, you will have 30 days remaining to contact the IRS either to pay the entire tax bill you owe, or to make payment arrangements.
The IRS can freeze the bank account or joint bank accounts that can be used to collect tax debt, but only on the day the levy takes place. Also, you will not be able to access your funds once the levy takes place. If you take no action your bank will send your funds to the IRS 21 days later. Another levy can also be issued if there is still need by the IRS.
If the bank account is suspicious it can also be frozen by the IRS. Under the Bank Secrecy Act of 1970 financial institutions are required to report all cash deposits exceeding $10,000 and file a suspicious activity report as an action to prevent laundering the money and fraud. A deposit just under $10,000 is also considered to be suspicious (for example $9,940 deposit) or a pattern of such deposits are considered to be a way to evade reporting crime. The IRS has the authority to freeze all such bank accounts in order to turn the information to the Justice Department for further investigation of the suspicious financial activities and make sure that there is no crime involved.