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    patricia35's Avatar
    patricia35 Posts: 1, Reputation: 1
    New Member

    Dec 6, 2006, 12:42 PM
    Bank levy
    My husband had a bank levy done where they took everything out of our acct. I was unaware of the money due. At this point, he has been disabled for 14 months and not working because the dr.'s said he cannot work. How do I contest this being it is my work money in the account. The sherrif's mailed me a copy of the papers and said I may contest within 15 days. How do I go about it. Also, the attorney's office lied stating they served us in person and identified a person saying it was a roommate that signed for it. Made up a person and description of a person which does not exist. The papers were laying on the ground out front the door. My neighbor stated he watched the server sit in front of the house, identified the vehicle and watched him throw them on the ground. In the papers it states he served us. My question is, can I contest it being the debtor is disabled and cannot pay it, and how do I go about charging them w/ perjury for the serving? I am limited on days to contest. I have 6 days to do so.

    Urgent advise and help needed.

    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Dec 6, 2006, 01:14 PM
    You go to the court where the judgement was obtained and file for an order to vacate. You will need to show records of deposts and activity into that account over the last several months that can prove it was from your paycheck. Get your neighbor to write out their story and have it witnessed by a notary public.

    Based on what you have told us, you should get the judgement vacated and the money returned.

    However, the question still remains about the debt. If you signed with your husband for this debt then you are also liable. They can refile the judgement and reinstate the levy. If you are not a signator, then thjey can only go after his assets, so you should remove his name from your accounts or open new ones in your name only.

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