If you owe money to the bank then yes, they will be able to see your bank balance as they will likely have direct access to it.
As well as this, you may also find that some independent debt collectors can see what you have in your bank.
However, when it comes to other companies it is not as cut and dry as this. They may not be able to see your bank balance, at least not automatically.
Typically, money lenders and creditors will need to apply for the right to see your bank account statements.
They will need to do this through application to the courts and will need official permission to actually take your money before they can access any of your accounts.
This is a little more tricky when you are dealing with an independent debt collector.
Debt collectors are usually paid on commission, and so they will do anything they can (legally of course) to get you to pay up or commit to a payment plan.
They are very knowledgeable on all things debt-related, and if they are dealing with a debtor who is not as knowledgeable about their rights, they get even more confident.
If the debt collector has your bank account and social security numbers, they can indeed request access to your bank account statements to see what you have saved.
Some debt collectors may already have your social security number and other details on file, and if this is the case, they can check.
However, you do not have to give them your social security number. If they ask for it to confirm they are at the correct address, ask them to read out the number they have to ensure you aren’t being scammed.
It all comes down to who the debt collector is. If it is a creditor or collector for a specific company, then they need permission from the courts.
However, an independent collector may be able to access your bank accounts, as will your bank.
In general, where there’s a will there’s a way, and creditors and debt collectors alike will likely be able to access whatever accounts you have with the right permission.
However, some accounts are a little trickier to get access to. Some of these include:
– Joint accounts such as those shared with a spouse. The partner can ask for legal protection if their spouse owes money but they do not.
– Trust accounts – technically speaking, you do not own these trust accounts, and so this could mean that they are protected by the trust from being taken as a debt collection
– Accounts held for minors such as custodial accounts. If you can prove the money inside is owned by the minor and not yourself then this could be protected from creditors and debt collectors too
– Some accounts that contain social security payments and other government benefits may also be protected. However, this may depend on the state in which you are living and the type of payment in question.
Both creditors and debt collectors are allowed to ask to see your bank statements. However, they cannot demand you to show them, or, at least, you don’t have to obey. Instead, they must go to the courts for a decision on this.
Of course, an independent debt collector who already has access to your bank account can just get them for themself, but in general, most companies’ creditors will need to get legal court-ordered permission to see your bank statements.
Generally, a debt collector or creditor cannot freeze your bank account without first getting authorized and court-ordered permission to do so. They need to have a solid reason and judgment as to why they should be able to do it.
Sure, they can take out the money from your account after this but it is not likely to just happen without your knowledge.
There needs to be a legal process first before this is allowed to happen. In fact, it is a legal requirement in most states that creditors cannot just freeze your account on demand.
If you do not pay your debt collector with the full amount of money upfront, then you will be expected to make a payment plan with them to ensure that they get everything that is owed to them.
If even after making this plan you still refuse to pay them, or if you outright refuse to set up a payment plan, then the debt collector can take you to court.
You may get sued by them and get court-ordered to pay back the money you owe. This may wind up being even more than the original debt as you will likely have legal fees too.
