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how do i fight a bank levy?

Asked Jul 9, 2012, 10:03 PM — 6 Answers
I recently woke up with a levy on my bank accounts due to a debt from several years ago. the thing is that they had some false address on file which to my knowledge i have never even been associated with, let alone lived at. I have a court date this week to object the levy.

is there anything i can do to fight this? will the false address be enough to over turn the levy? Is there any statue about the age of the debt? any help or advise would be greatly appreciated

thank you

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6 Answers
treekyn's Avatar
treekyn Posts: 5, Reputation: 1
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#2

Jul 9, 2012, 10:09 PM
I should mention the case is in new jersey
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ScottGem's Avatar
ScottGem Posts: 58,147, Reputation: 28160
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#3

Jul 10, 2012, 03:49 AM


If they were able to place a levy, then they got a judgment. If they got a judgment it is unlikely it is outside the SOL.

However, if you were not properly served and they got a default judgment you may be able to get it vacated on the grounds of improper service. In that case, they will serve you properly before you leave the court and you will have to deal with the debt.
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treekyn's Avatar
treekyn Posts: 5, Reputation: 1
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#4

Jul 10, 2012, 08:57 PM
thank you for the response, i understand that i will need to pay the debt i am just hopping to do so in a more reasonable manor then wiping my out financially. my court date is tomorrow ill let yo know how it goes.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,624, Reputation: 37031
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#5

Jul 10, 2012, 09:02 PM


You will have to try to prove that perhaps they did improper service,
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treekyn's Avatar
treekyn Posts: 5, Reputation: 1
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#6

Jul 10, 2012, 09:09 PM
any suggestions as to how to go about doing so? how do i prove a negative such as not living at an address?
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ScottGem's Avatar
ScottGem Posts: 58,147, Reputation: 28160
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#7

Jul 11, 2012, 03:10 AM


They have to prove that you were served. They will have to detail how service was done and where. You show where your legal residence was at the time and for years prior.

However, what you may think is reasonable and what they think may be two different things. The fact is that you defaulted on a debt. That they have been making attempts to collect this debt for years. Attempts which you either ignored or denied. Now, all of a sudden, when faced with attachment of your assets, you want to settle.

What is likely to happen here, is the judge may vacate and issue an order to release your funds. They will properly serve you before you leave the court. You show up at the new hearing and, they are awarded a new judgement that you can't vacate. They attach your account again.
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