5/5/11

How to Attach Bank Accounts

If you are owed a significant amount of money by someone, there are several avenues you can take to recoup the loss. Most commonly, you can place a lien on property that they own, recovering the debt when they sell it. You can also attempt to garnish their wages or attach their bank accounts to recover funds. Before you can do any of these things, you will need a judgment against the person to verify that they owe you money and how much.
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      Sue the debtor. To recover debts, you will need a judgment against the person who owes you money. You will need to file a claim against the person according to your state's requirements. They will have an opportunity to dispute your claim. If you win, you can then ask the court to allow you to recover the debt by attaching a lien on property, garnishing wages or levying a bank account. The court will provide you with a judgment giving you legal permission to pursue the debt.

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      Find the debtor's banking information. You can attempt to find this information on your own by contacting banks where the debtor lives and providing them with the judgment. They may confirm whether the person has an account there. In other cases, you may wish to hire an investigator to do a skip trace to find out where the person banks.

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      Obtain a writ of execution. Return to the courts to obtain a writ of execution to attach the debtor's bank accounts. You will need to fill out some forms, pay the court fees and provide them with the information contained in your judgment. When you have the writ of execution, you will need to contact a sheriff or levying officer to serve it to the bank. Once the writ is served, they will freeze the account, withdraw the funds and release them to you approximately three weeks after they are seized.

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