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-   -   Notice of levy (https://www.askmehelpdesk.com/showthread.php?t=308040)

  • Jan 24, 2009, 03:05 PM
    grease40
    Notice of levy
    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
  • Jan 24, 2009, 03:16 PM
    ScottGem

    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.
  • Jan 24, 2009, 03:27 PM
    grease40
    Quote:

    Originally Posted by ScottGem View Post
    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
  • Jan 24, 2009, 03:48 PM
    ScottGem

    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.
  • Jan 24, 2009, 04:04 PM
    grease40
    Quote:

    Originally Posted by ScottGem View Post
    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?
  • Jan 24, 2009, 04:09 PM
    ScottGem

    Yes and why shouldn't you? The loan is a liabilty account, not a cash asset.

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