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grease40
Jan 24, 2009, 03:05 PM
I was mailed anotice of levy from the sheriffs office.
It says that they will "levy any & all accounts & safe deposit boxes.
The garnishee is a bank in which I have a auto loan which I owe more than the auto is worth. I'm not late on my payment
I live in California.

Can they repo the auto and sell it?

What can they do?

TIA

ScottGem
Jan 24, 2009, 03:16 PM
This doesn't make sense. Normally to get such a levy there would need to be a judgement against you. To get such a judgement you would need to be in arrears.

I would suggest you go back to the court that approved the levy and find out what's going on and ask for a stay.

grease40
Jan 24, 2009, 03:27 PM
This doesn't make sense. Normally to get such a levy there would need to be a judgement against you. To get such a judgement you would need to be in arrears.

I would suggest you go back to the court that approved the levy and find out what's going on and ask for a stay.

Maybe I was not clear.
I have a money judgment against me from someone other than the auto loan/bank (im current with them).
They are levying all accounts from the bank I have a auto loan with.
I have no money acounts with this bank, just the auto loan.

Can they force/make them sell my auto?
What can they do.

Thanks

ScottGem
Jan 24, 2009, 03:48 PM
Ahh, so You have a judgement from another creditor. Then no, from the wording you gave they can't go after the car only cash accounts held at that bank.

grease40
Jan 24, 2009, 04:04 PM
Ahh, so You have a judgement from another creditor. Then no, from the wording you gave they can't go after the car only cash accounts held at that bank.

Thanks.
Can I still make auto payments to that bank that has my auto account?

ScottGem
Jan 24, 2009, 04:09 PM
Yes and why shouldn't you? The loan is a liabilty account, not a cash asset.