Hopefully, most of us will be spared the experience: you take out your debit card, thinking that your biweekly paycheck has just cleared, and come to find that while your account balance is up, your available funds are $0. Remember those phone calls from the debt collector you were getting a few months ago? The ones for a credit card that you could have sworn were paid off? Or were for someone other than you? You may be left wondering how that debt collector could have taken your money without ever having taken you to court....Well, here is an explanation of what may have happened, and what you can do about it.

Most debt collectors need to show your bank a judgment from a court before they can levy your bank account. Your bank should have a copy of the judgment that states the name of issuing court. The courthouse should have on file a Return of Service, which will say when and where you were served with a Notice to Appear in court and be heard on whether the debt belonged to you and/or was already paid. If you can show that you weren't actually served with the Notice based on the date and time of service, you may be able to ask a judge, in a written motion, to vacate the judgment and return your money.

Be aware that a narrow class of debt collectors - the Internal Revenue Service for delinquent taxes, the Department of Education for defaulted student loans, child support collectors, and Social Security for overpayments - may be able to levy your bank account without a judgment.

Additionally, you may be able to object to a levy on your checking account if it contains only funds that are exempt from collection under federal law. These include social security benefits, some federal pensions, and others. See the FTC's publication, Debt Collection FAQs: A Guide for Consumers.