My husband just had his bank account levied, we got a copy of the paperwork, it was for $7,000, but the account only had $300 in it. Does this mean that anything that goes into that account will be taken out immediately? Or do they have to file a new levy and submit it to the bank. I have read that they have to re-file each time they levy.

ScottGem

No it does NOT apply to all bank levies, nor in all states. What you quoted from was IRS code that applies ONLY to tax levies. I spent a few years in the collections field, so I think I know more than a bit about this works. I'm not saying I know everything or can't make a mistake. But I would have to see a specific statute that said that an order attaching the funds in a bank account does not apply to future deposits.

garth

The bank levy only applies to funds in the account at the moment the levy was served on the bank. However, they can serve another levy at any time. Therefore, you should consider moving you accounts to another bank or keeping the balance in this account low.

Carl Starrett
Law Offices of Carl H. Starrett II
1941-C Friendship Drive
El cajon, CA 92020-1144
Other answers from this attorney

Need I say more? I suggest you talk to an attorney as well to get your facts straight.

ScottGem

Yes, you do need to say more. I said I want to see a statute that says this. I'm not saying that Mr Starrett is wrong, but maybe he is citing CA law. You just don't get it this is NOT universal, though I was mistaken myself in thinking it was.

garth

Well why don't you go find it then? That way you won't be giving out wrong or misleading information. I don't need to waste any more of my time on this site if this is the kind of information I get. I hope you re-think and make sure what you are saying is accurate.

ScottGem

Then feel free to not "waste" any more time here. I do appreciate that you have shown me knowledge I didn't have, and I will change my advice in this area in the future. But that doesn't mean my answer was misleading or inaccurate, just that it doesn't apply in all instances.

Fr_Chuck

It is commom practice in many areas for bank attachments where there is a judgement for the bank account to be frozen and the funds taken out, but also all future funds will also be taken out, Ask the dozens of people who come here that have direct deposit and lose several checks over several weeks before they get the direct deposits stoped. So your state may or may not do that, but I know from first hand experince helping people on various sites like this, that it does happen in many states in the US.