Tucson, AZ asked in Bankruptcy for Arizona

Q: can a debt collector find out were my checking and savings acct is located in another state from were i was served,

i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,

Related Topics:
3 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Assuming that the creditor has not yet taken a judgment against you and issued a writ of garnishment, yes, you are free to do what you like with your assets.

You should be aware, however, that if a judgment or judgments are at some point entered against you, the creditor may have an additional claim or claims against you for disposing of your assets to hinder, "defraud" or delay your creditors by transferring your assets without an equivalent return of value to you, e.g., by a "gift" to another, or a "sale" of a high-value assets for one dollar or other minimal amount.

Diane L. Drain agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes, you can.

Diane L. Drain
Diane L. Drain
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The creditor has rights - including domesticating a judgment from one state to another. Rather than running and hiding, talk to a good bankruptcy attorney in the state where you live. Find out what your rights and obligations are and how, of if, bankruptcy might help you find a more peaceful future. Don't ignore this, it will only get worse.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.