I HAVE ALL THESE PAYMENTS COMING OUT OF MY CHECKING ACCOUNT. WHAT CAN I DO TO STOP THESE PAYMENTS?
Steven N. Taieb, Esquire has so many clients who give creditors free reign over their bank accounts.
Please note the only time a creditor can levy your bank account without your consent is when they get a Court Order after obtaining a judgment. Then the only way you could stop the levy would be by filing a bankruptcy or getting the State Court Judge to rescind the levy.
However, if there is no Court Order, then you can just advise the bank to cancel the authorization to take money directly out of your account to make payments on a debt.
It is a very dangerous situation to allow creditors to have control over your bank account since you will never know how much money is in your account and be subject to NSF checks since so many creditors are taking money out of your account so you never really know how much is in the account. Also, even if you have overdraft protection, you will then incur another debt that you owe the bank to prevent checks going NSF.
Before you take out any loans, you want to make sure you have the income to repay the bill before you incur the debt. You have a legal obligation to pay the loan back and if you are unable to pay it back then you will have no other choice but to file a bankruptcy petition to protect you from the creditor pursuing your assets under State Law.
If the creditor is levying your account since you voluntarily gave them permission, then you can first have the bank stop the withdrawal and then file a bankruptcy petition to put a stay against the creditor.
If you have any questions concerning this matter or any other matter, feel free to contact me at 856-235-4994.
Steven N. Taieb, Esq. is here to help you and is a South Jersey Bankruptcy Attorney who has helped over 7000 people with their financial problems for the past 33 years and is board certified in consumer bankruptcy law by The American Board of Certification which is accredited by The American Bar Association.
We are more than happy to discuss all your options and to see if bankruptcy is the best option for you.