If I live in MS. and have an account in Texas and my bank accounts get frozen will also the account I have in Texas be froze as well?
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If I live in MS. and have an account in Texas and my bank accounts get frozen will also the account I have in Texas be froze as well?
If my bank accounts get frozen will they freeze even the one I have outside of MS.
Quote:
Originally Posted by kellyconnely
Assuming this is to collect a Judgment any accounts the creditor or judgment holder locate can be frozen, yes. Doesn't matter what State the account is in.
The judgment holder will "run" your name through various banks - or perhaps they have a direct source - all accounts will appear, they will make their move.
The answer is no. To enforce a judgment and levy banks in another state, the judgment creditor must apply for a sister state judgment. After they get the sister state judgment in the state where your other accounts are located, then yes, they can do a bank levy.
It really depends on the amount of the judgment. JudyKayTee is incorrect in some ways. There is no database to look up bank accounts. I am a private investigator and I can tell you locating bank accounts is not an easy thing and is certainly costly for the judgment creditor. If your judgment is for a small amount, usually a creditor will just give up. Its not worth the cost to locate accounts and the cost to get a sister state judgment.
The honest and best approach for you would be to negotiate with the creditor and try and pay it.
Quote:
Originally Posted by getpeaceofmind
I have very limited collection experience - no taste for it, something I seldom. However, I never said there is a database for bank accounts. I said the creditor - and depending on just who that is and their resources - will notify banks (for example, Bank of America), provide the SS number and be provided with bank account info. It's often a glorified fishing expedition and, as I said, depends on the resources of the creditor.
I thought whether the creditor could then collect without sister state judgments depended on the States involved and the Bank charter but apparently you know and I am just surmising -
Well not as clear cut, if the bank you have accounts in have branches in your state, Lets say Bank of America, they can serve papers on the banch in your state. So that will be one question, does that bank have any branches at all in your state.
In California, the California Civil Code Of Procedure is as follows:
700.140. (a) Subject to Section 700.160, to levy upon a deposit
Account, the levying officer shall personally serve a copy of the
Writ of execution and a notice of levy on the financial institution
With which the deposit account is maintained, or shall personally
Serve the writ of execution and notice of levy to a centralized
Location within the county designated by the financial institution.
If the writ of execution is received at the designated central
Location, it shall apply to all deposit accounts held by the
Financial institution regardless of the location of that property.
The execution lien reaches only amounts in the deposit account at the
Time of service on the financial institution, including any item in
The deposit account that is in the process of being collected, unless
The item is returned unpaid to the financial institution. This
Section does not require a financial institution to designate a
Central location for personal service of the writ of execution and
Notice of levy.
So, according to this, it looks like you can serve a branch in and California and have
The funds taken from any location. "it shall apply to all deposit accounts held by the
financial institution regardless of the location of that property".
But, to my knowledge, and other people I have talked with, you need a sister state judgment. There must be another reason for this and I suppose again each state is different. Maybe a good lawyer can asnwer this question.
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