Ask Experts Questions for FREE Help !
Ask
    treekyn's Avatar
    treekyn Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Jul 9, 2012, 10:03 PM
    How do I fight a bank levy?
    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
    treekyn's Avatar
    treekyn Posts: 5, Reputation: 1
    New Member
    		  
    #2

    Jul 9, 2012, 10:09 PM
    I should mention the case is in New Jersey
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #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.
    treekyn's Avatar
    treekyn Posts: 5, Reputation: 1
    New Member
    		  
    #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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #5

    Jul 10, 2012, 09:02 PM
    You will have to try to prove that perhaps they did improper service,
    treekyn's Avatar
    treekyn Posts: 5, Reputation: 1
    New Member
    		  
    #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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

California Bank Levy Joint Bank Account [ 8 Answers ]

My wife was issued a judgement prior to our marriage in Aug 2002. She ignored the original judgement letter being young and carefree and never went to court or tried to appeal. In Oct 2008 a bank levy removed $3,500 from our joint bank account. All of the deposits in this account were made by my...

Does the bank have to notify you in advance for bank levy? [ 4 Answers ]

A levy was placed on my bank account without notice from the bank can that be done?

Bank Levy [ 1 Answers ]

An attorney in New York has placed a levy on my bank account in California for something that happened over 13 years ago. What is the statute of limitations? I never received any form of communications from this attorney nor was I ever taken to court for this matter. I contacted my bank requesting...

Bank levy [ 1 Answers ]

I checked my checking account and found there was a bank levy. My question is if I have a banking account attached to my brokerage account is the brokerage account in jeopardy. There is never any money in the checking account. Any check written is backed by the brokerage account by the transfer...

Bank levy [ 2 Answers ]

I am 59 years old and have been through some difficult times recently. Today I learned that my bank account had a levy placed on it. There was only $533. In the account but it is all the money I have. Is there anything I can do to get it back. As a side note the bank took $100. As a processing fee.

View more questions Search