When opening a checking account, must I legally disclose my employer?
I have some debt and don't want to risk my paychecks being garnished, so I am trying to keep my employment a secret from debt collectors until I'm done with college.
2013-07-05T04:52:47Z
I am absolutely sure my boss didn't check my credit.
2013-07-05T04:53:46Z
I'm not worried about my employer finding out about my debt, I'm worried about debt collectors finding out about my job.
Dan B2013-07-05T05:05:08Z
When you open a checking account, they will need your social security number. Form that, your debt collectors might be able to find your checking account when they file court papers. They can match your name, addresses, and a host of other stuff from online sources and information you disclosed on your loan applications. The Privacy Act is a joke. As for the legality of disclosing your employer, the bank has the option to deny you a checking account. They don't want people opening a checking account without some proof of income to resupply the account with money. If debt collectors wait until you finish college, they could risk going beyond the statute of limitations for filing a lawsuit against you for the debt. They will do all they can to find you. The bank isn't there to protect you and your money. They are there to protect themselves and their money.
I suspect your debts are in arrears. If paid on time, every time, there's no risk of garnishment.
No, you don't have to disclose your employer. However, the bank or credit union has the right to require it. But that doesn't matter.
If your wages are going to be garnished, that's done through your employer. Your employer is directed to withhold a certain amount of your paycheck and send it to the creditor. It doesn't matter whether you have a checking account or not.
Further, as a practical matter, it's easy enough for someone to determine whether you have a checking account. You are legally required to provide a social security number. That, in turn, will be reported (by the bank or credit union) to the credit reporting agencies. So when a creditor pulls your credit reports, your bank accounts will be shown on them.
Just tell the bank you're not employed, you're a college student. They don't care. Just take a little cash in to make a first deposit and open a account, but if you've bounced a lot of check in the past, and your credit is completely shot, then they might not open a account for you.