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Home > Law > Family Law   »   Levy without notification

 
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Old Nov 14, 2006, 08:20 PM
JohnPalmSprings
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Levy without notification

Colorado Child Support Enforcement has levied my bank account, but never sent me a notice that I had a balance due. Is this legal? I thought they were required to send a bill and a demand for payment prior to seizing assets. They have my current address and phone number. There is no excuse for not sending a bill.

The child support judgment was issued in Riverside County, California, where I still reside. I received a General Release of Child Support Judgment Lien dated 06/13/05 and no one has notified me of any amounts due since then. I called the local child support office and they told me that the case is closed and that they have nothing to do with it anymore.

I asked the Colorado Child Support agency for an explanation and for a detailed statement of my account. They refused to provide either and were very indignant about it. I thought they were required by law to provide and accounting and to explain the account. A little respect would be nice too. They provide me no way of determining what my obligations are. How can they expect me to pay on time?

Who do I go to next? Should I file a complaint with the Attorney General?

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Old Nov 15, 2006, 05:43 AM   #2  
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They must have a signed court order by a judge to levy an account, go to your bank demand to see the signed court order, if they dont have it , they must remove the levy.
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Old Nov 15, 2006, 05:59 AM   #3  
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This sounds like someone dropped the ball. I suspect some overzealous clerk in CO didn't notice the General Release and decided to go after you. So they used the Judgement to garnish your account.

I would take the General Release and go down to your bank first thing this morning. That should be enough proof for your bank to remove the levy. If the levy if for anything other than the judgement, then they will have to provide proof of the judgement.

The only kicker here is if your bank already transferred the funds. If it did, then you will probably have to sue CO to get them back.
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Old Nov 15, 2006, 06:08 AM   #4  
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You sue them for the money
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