If a ligitation is taking out on someone, can the legal company withdraw money w/o the consumers permission?

Question

I wanted to know if a law firm can withdraw money from someone;s bank account without having the consumers permission to do so, is this legal or not?

Answer 1

Your question has been reproduced below to preserve the original fact pattern to which this answer applies:

"If a ligitation is taking out on someone, can the legal company withdraw money w/o the consumers permission? I wanted to know if a law firm can withdraw money from someone;s bank account without having the consumers permission to do so, is this legal or not?"

The quick answer to your question is "It's probably not legal."

There are two possible ways to interpret your question-- assuming it applies to attorneys in a U.S. court system.  

The first is that someone hires a law firm to litigate a matter and that law firm then reaches into that person's bank account without permission and withdraws monies to pay the law firm's fees.  Providing a cancelled check and electronic funds authorization is a way this is usually done-- and I suspect that might have happened here.

The second way to interpret your question is that a person was involved in litigation and a judgment was entered against that person.  Then, a law firm somehow had monies withdrawn from that person's account to satisfy the judgment.

In the first instance, a law firm can't make withdrawals from a client's account without permission of the client.  To do so-- even to pay fees they claim are owed-- is illegal and a breach of professional ethics.  But if the client gave them an electronic funds withdrawal authorization, you'll have to make sure it's been cancelled and make a difficult fight against the withdrawal that will otherwise appear authorized.

In the second instance, it is possible that a court could order assets seized from a bank account to pay on a judgment.  The person would have to be provided notice that such a proceeding had occurred and that such an order was entered.  But it is usually a Sheriff's office that makes seizures-- not a law firm.  I don't think this is what you mean.

It's impossible to provide a better answer without a clearer explanation, but I suspect the first instance applies to you.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

I have no idea of what you are trying to ask.  I don't know what "ligitation is taking out on someone" means, even without the spelling problem.  I dont know what you mean by "legal company" and I don't know who proposes to withdraw money from what account.  Feel free to try it again.