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Thread: Can a creditor (credit card) attach your bank account after judgement against you?

  1. #1

    Default Can a creditor (credit card) attach your bank account after judgement against you?

    1. Can a creditor attach your bank account?

    2. Can he probe other banks to see if you have accounts with them and attach them as well?

    3. Can you be arrested for an outstanding debt against which a judgement/writ of execution etc has been issued?

  2. #2

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    Not sure about questions 2 and 3, but a family member had R20k garnished from their Standard **** savings account for money they owed on a credit card.
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  3. #3
    King of de Jungle Garyvdh's Avatar
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    1. Yes
    2. Yes
    3. Yes

  4. #4

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    No 3 is a big no. Its not 1985 dude.

  5. #5

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    Quote Originally Posted by Garyvdh View Post
    1. Yes
    2. Yes
    3. Yes
    Would this be on a once-off basis or can be repeated at any random time. For example if the account is attached and a year later you open a different account say with another bank can they repeat the process all over again.

    Can the sheriff also come back to attach goods for a second time after his first visit

  6. #6

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    Quote Originally Posted by Toilet_Duck View Post
    Not sure about questions 2 and 3, but a family member had R20k garnished from their Standard **** savings account for money they owed on a credit card.
    Yes but was this the account they were using to make the monthly payments or was it a different account which the creditor was initially not aware of

  7. #7
    Super Grandmaster Nerfherder's Avatar
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    You wont be able to open an account after having a judgement against you
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  8. #8
    King of de Jungle Garyvdh's Avatar
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    Quote Originally Posted by talentedone View Post
    Would this be on a once-off basis or can be repeated at any random time. For example if the account is attached and a year later you open a different account say with another bank can they repeat the process all over again.

    Can the sheriff also come back to attach goods for a second time after his first visit
    Yes, but only under certain conditions. Debt recovery is a complicated process, and there are defined rules they have to follow, but with enough persistence (and if the debtor continues to refuse payment of the debt) then the law gives them certain recourses which include attachment of ALL assets and even garnishing their savings, bank accounts and any future income. If a judgment has been granted against you, and you seek to evade that judgement by avoiding the sherrifs or any agents of the creditor, then you can be arrested and charged with contempt.

  9. #9

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    Quote Originally Posted by Nerfherder View Post
    You wont be able to open an account after having a judgement against you
    Are u kidding me? you mean you cant open a basic savings account with any bank if you have judgement against you

  10. #10
    King of de Jungle Garyvdh's Avatar
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    Quote Originally Posted by talentedone View Post
    Are u kidding me? you mean you cant open a basic savings account with any bank if you have judgement against you
    I think that depends on the type of judgement.

    If it was just a civil judgement to pay a certain amount, then you can probably open another account.
    But if you were placed into liquidation, and your assets sequestrated, then you will not be able to open an account because you will be under administration.
    (but even that never really works well IRL, people always find a way around it).

  11. #11

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    Quote Originally Posted by sal12344 View Post
    No 3 is a big no. Its not 1985 dude.
    If you have been issued and you still don't pay then yes, you can get arrested, as you will be going against a court order and they will be very quick to issue a warrant of arrest for you. Trust me, have an open case of over 200k against someone however the court first has to issue him before they will issue a warrant for his arrest as he is not paying.

  12. #12

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    Quote Originally Posted by snail View Post
    If you have been issued and you still don't pay then yes, you can get arrested, as you will be going against a court order and they will be very quick to issue a warrant of arrest for you. Trust me, have an open case of over 200k against someone however the court first has to issue him before they will issue a warrant for his arrest as he is not paying.
    So what happens if you simply can not afford to pay i.e you lost your job and are flat broke
    Last edited by talentedone; 25-02-2012 at 02:59 PM.

  13. #13

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    Stay away from credit people... rather save up and buy everthing cash... well exept your house and car that is

  14. #14

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    Quote Originally Posted by talentedone View Post
    So what happens if you simply can not afford to pay i.e you lost your job and are flat broke
    If there is cash in your bank account that a creditor is trying to attach then I don't really think that you're flat broke. I've seen a number of people maintaining a certain standard of living while claiming to be flat broke and dodging outstanding payments.
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  15. #15

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    Quote Originally Posted by ambo View Post
    If there is cash in your bank account that a creditor is trying to attach then I don't really think that you're flat broke. I've seen a number of people maintaining a certain standard of living while claiming to be flat broke and dodging outstanding payments.
    Obviously the little money you have in your bank account would be unemployment insurance fund money or even leave pay if you pay that over to your creditors you wont have money for food, transport to go to interviews etc etc basically you will have no chance to get back on your feet again

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