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    chetccr's Avatar
    chetccr Posts: 12, Reputation: 1
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    #1

    Feb 22, 2008, 08:11 AM
    Motion to Quash Bank Levy
    Should a copy of the Restraining Notice issued to the Bank by a judgment creditor be attached, when filing a "Motion to Quash" Bank Levy for improper service. This will be filed in New York.

    All suggestions welcome.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 22, 2008, 08:32 AM
    You would need to reference the court order; date, court, issuing judge, case # etc. So including a copy would make that easier.
    chetccr's Avatar
    chetccr Posts: 12, Reputation: 1
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    #3

    Feb 22, 2008, 09:13 AM
    Regarding the court order, date court, etc. are you referring to the default judgment.

    I only have a copy of the original judgment filed by the plaintiff's attorney, who then turned around and passed it onto another out -of state attorney who then was able to get a Bank levy on my accounts without any notice or serving me.

    Can I just use the original Docket / Case # from the original judgment to be refernced in my Motion to Quash ?

    Does the attorney who levied my accounts have to serve me with any legal papers or just the marshall's office. If not, how can I get them ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 22, 2008, 11:30 AM
    I think you have to show the details about the levy itself. Your bank should provide them. The levy had to be served on the bank. Some places may require that you be sent a copy after the bank. But if not, your bank must provide you with a copy upon request.
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