I have a judgment against me due to a corporation that closed & I was a major principal in it. I cannot make significant payments on this debt. The judgment creditor issued a levy on my bank account without any notice. I had 10 days to file an exemption claim from 2 days ago. I can't afford an attorney to fight this.
Can they legally levy my bank acct where I put my wages to pay my bills ? What can I do ? I was recently laid off & am trying to find a new job. I need the money to live on.

Quote:

---

Originally Posted by peph-inc

I have a judgment against me due to a corporation that closed & I was a major principal in it. I cannot make significant payments on this debt. The judgment creditor issued a levy on my bank account without any notice. I had 10 days to file an exemption claim from 2 days ago. I can't afford an attorney to fight this.
Can they legally levy my bank acct where I put my wages to pay my bills ? What can I do ? I was recently laid off & am trying to find a new job. I need the money to live on.

---

Yes, if the creditor had a legal Judgment against you - and it appears the creditor does - your bank account can be levied without any prior notice to you.

And, yes, they can levy no matter where the money came from or how badly you need it.

You might try at this point to negotiate with the creditor but now that the levy is filed there really isn't a reason for the creditor to cooperate with you. He's already pretty much guaranteed at least some of the judgment will be paid.

Hello P

A judgement was entered from the court, thus giving them the right to levy your bank accounts and depending on your state your wages.{when you go back to work} to answer your question the judgement gives the creditor the right to dip into your accounts.they don't have to tell you in advance that they are going to "freeze" your account. How much do you owe? How old is the debt? Did you receive a noitce to appear in court? Did you go or did you ignore it?

The judgment was from 09-12-07 for >$400,000. There has been no contact from their attorney or them since that.
I have a form EJ-160 Claim of exemption I plan to file for wages exempt for 30 days prior to levy. An attorney I asked here said not to contact their attorney & give him anymore info.

He does know I'm unemployed & have no real assets or income now. He asked for my 2007 tax return + last bank statement + last pay stub + a statement under penalty of perjury that I'm unemployed & have no received any money since my last pay check.

The attorney I asked said not to give this info to him, but to just send him a certified letter with the EJ-150 form + last pay stubs for 30 days prior to levy + bank statement showing the checks were deposited. If he opposes the exemption claim, we both have to drive >300 miles for the court hearing. We're hoping he'll see we can't pay the judgment & he's wasting time & money on trying to collect an unenforceable judgment.

Quote:

---

Originally Posted by peph-inc

The judgment was from 09-12-07 for >$400,000. There has been no contact from their attorney or them since that.
I have a form EJ-160 Claim of exemption I plan to file for wages exempt for 30 days prior to levy. An attorney I asked here said not to contact their attorney & give him anymore info.

He does know I'm unemployed & have no real assets or income now. He asked for my 2007 tax return + last bank statement + last pay stub + a statement under penalty of perjury that I'm unemployed & have no received any money since my last pay check.

The attorney I asked said not to give this info to him, but to just send him a certified letter with the EJ-150 form + last pay stubs for 30 days prior to levy + bank statement showing the checks were deposited. If he opposes the exemption claim, we both have to drive >300 miles for the court hearing. We're hoping he'll see we can't pay the judgment & he's wasting time & money on trying to collect an unenforceable judgment.

---

Your Attorney thinks you can "unfreeze" your wages over the last 30 days?

How are you wording the exemption request?

I'm curious why this is an unenforceable judgment - your Attorney doesn't think it's enforceable when you find employment?

Used form EJ-160 & quotes CCP 704.070 claiming wages for 30 days prior to levy as exempt.

Yes, if I find work, they could garnish wages in this state. Even so, I'd need 40-50 yrs to pay off this loan... even more if standard interest rates apply.

Quote:

---

Originally Posted by peph-inc

Used form EJ-160 & quotes CCP 704.070 claiming wages for 30 days prior to levy as exempt.

Yes, if I find work, they could garnish wages in this state. Even so, I'd need 40-50 yrs to pay off this loan.....even more if standard interest rates apply.

---

Wow - good to know. I looked at the form but couldn't quite see what the reason would be.

I know what you mean about Judgments - they can outlive a person.

704.070. (a) As used in this section:
(1) "Earnings withholding order" means an earnings withholding
Order under Chapter 5 (commencing with Section 706.010) (Wage
Garnishment Law).
(2) "Paid earnings" means earnings as defined in Section 706.011
That were paid to the employee during the 30-day period ending on the
Date of the levy. For the purposes of this paragraph, where
Earnings that have been paid to the employee are sought to be
Subjected to the enforcement of a money judgment other than by a
Levy, the date of levy is deemed to be the date the earnings were
Otherwise subjected to the enforcement of the judgment.
(3) "Earnings assignment order for support" means an earnings
Assignment order for support as defined in Section 706.011.
(b) Paid earnings that can be traced into deposit accounts or in
The form of cash or its equivalent as provided in Section 703.080 are
Exempt in the following amounts:
(1) All of the paid earnings are exempt if prior to payment to the
Employee they were subject to an earnings withholding order or an
Earnings assignment order for support.
(2) Seventy-five percent of the paid earnings that are levied upon
Or otherwise sought to be subjected to the enforcement of a money
Judgment are exempt if prior to payment to the employee they were not
Subject to an earnings withholding order or an earnings assignment
Order for support.

Quote:

---

Originally Posted by peph-inc

704.070. (a) As used in this section:
(1) "Earnings withholding order" means an earnings withholding
order under Chapter 5 (commencing with Section 706.010) (Wage
Garnishment Law).
(2) "Paid earnings" means earnings as defined in Section 706.011
that were paid to the employee during the 30-day period ending on the
date of the levy. For the purposes of this paragraph, where
earnings that have been paid to the employee are sought to be
subjected to the enforcement of a money judgment other than by a
levy, the date of levy is deemed to be the date the earnings were
otherwise subjected to the enforcement of the judgment.
(3) "Earnings assignment order for support" means an earnings
assignment order for support as defined in Section 706.011.
(b) Paid earnings that can be traced into deposit accounts or in
the form of cash or its equivalent as provided in Section 703.080 are
exempt in the following amounts:
(1) All of the paid earnings are exempt if prior to payment to the
employee they were subject to an earnings withholding order or an
earnings assignment order for support.
(2) Seventy-five percent of the paid earnings that are levied upon
or otherwise sought to be subjected to the enforcement of a money
judgment are exempt if prior to payment to the employee they were not
subject to an earnings withholding order or an earnings assignment
order for support.

---

I did not know this and I'm grateful that you posted it - it could very well help someone else.

I hope you'll stick around on the boards -

A roofing company filed a judgement against my husband and a levy was put on our bank account. My husband was laid off in 2005, now he is disable and receives benefits from the government. We lives in Texas. Is it legal for the creditor to levy our accounts, even if the monies in the account are government benefits. What can we do at this point?

Those benefits are supposed to be exempt, but you have to file a claim for exemption form in a timely manner as I did. See above.