How do you legally take money from someone's bank account? (Video)

If an individual or a business owes you money and is refusing to pay, the law does provide ways for you to take their money. One of them is to take money from their bank account.

To do this, you first have to file a lawsuit against them. If you win the lawsuit, the court will enter a judgment. A judgment is a document that officially declares that they owe you a certain amount of money.

If the person still does not pay you, you will have to enforce the judgment, or in other words, take their money without their permission.

If you know where they bank, you can take money out of their bank account. This is called a bank garnishment. If you do not know where they bank, there are ways to find out. 

Once you find out where they bank, you have to file an application with the court for what is called a writ of garnishment. A writ is a court order. A writ of garnishment is a court order directing a third party, like a bank, to give you money.

Along with the application, you will need to file with the court a proposed writ of garnishment. Once the judge signs the writ, you will need to serve it, or in other words have it delivered to the bank. You will want to have everything lined up so that this happens quickly, preferably on the same day that the writ is signed. This is because if the other side finds out that the judge signed the writ, they can transfer the money out of the account.

Along with the writ, you will want to send a form called Answers to Interrogatories. This is a document that the bank must fill out by law and return to you. It basically lets you know how much money the debtor has at the bank.

Once the bank receives the writ of garnishment, it is supposed to freeze the money so that the debtor cannot transfer it away. After it freezes the money, it has seven days to send you the Answers to Interrogatories. It will also send the writ, answers, and some forms to the debtor to let the debtor know what has happened and what the debtor’s rights are. 

The debtor will have 14 days to challenge the writ. If the debtor does not challenge the writ, or if the debtor’s challenge fails, the bank will mail you a check.

If you have any questions or would like some help with getting money you are owed, please feel free to call me or email me through our website.

This content provides general information only and is not intended to be legal advice. It is not intended to be exhaustive. Please contact a professional regarding your specific situation.