QUESTION
Does a attorney for a collection agency or the court have to notify a defendent of a bank levy before taking any money.
Asked on Feb 25th, 2013 on Civil Litigation - California
More details to this question:
A old credit card debt has been sold to another collection agency and they have sent a subpoena to my bank for my records.There is a court judgment on this debt. My wife and I are living off our Social Security retirement benefit and my wife has a part time job with IHSS caring for her aged mother.. We have no assets and I have explained this to the collection agency but they have not responded. I'm concerned if they levy any money from our account I won't be able to get the money back in time to save us from eviction. We have no savings or emergency funds because of our health problems. Please advise
1 ANSWER
Bankruptcy Attorney serving Menlo Park, CA
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Law Offices of Stephen Benda
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There is no notice required before a levy is made. However, if an account has only SS payments coming in, then the bank should intercede and not allow alevy to reach any asets. If you have other deposits, then you would have to make a claim of exemptions for your SS money.
Answered on Mar 04th, 2013 at 3:11 AM