Can a bank garnish wages for an overdrawn checking account?

I have an overdrawn account at BofA here in California. I haven't been able to repay this debt, so the bank turned it over to a collection agency. The agency just called threatening to put an involuntarily garnishment on my wife's wages and any other assets we may have.





Can they do that without a court judgment in which I may defend myself?
Can a bank garnish wages for an overdrawn checking account?
No, they'll need a court judgement. They may try to contact your employer, which is illegal.
Reply:They have to have a court order to garnish wages. If they get it, yes, they can tap it. If the card was in just your name and the account is joint, they can take it for debt you owe even if it is primarily your wife's account. And be careful...if you have a "courtesy overdraft", they may be able to garnish up to that. Meaning they can overdraw your account to take that money.
Reply:Yes. You owe money so if credits are received into the account they have every right to use these to offset the debt. To be honest, if it's got so bad they've sold the debt then they'll also have cancelled your cards and frozen your account so you wouldn't be able to make withdrawals/pay direct debits etc anyway. I suggest you call them to try to come to an agreement but it may be too late now it's been sold on.





Good luck :-)



Reply:if u accidentally overdraw, u can jus pay it right back 2 the bank on yer next pay