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-   -   Bank levy (https://www.askmehelpdesk.com/showthread.php?t=583433)

  • Jun 22, 2011, 01:31 PM
    XXMACH0XX
    Bank levy
    My bank account was just levied but I was not notified of any judgements, claims, etc. They did not have any of my current info (address, phone number, ect). They sent a certified letter to my old address but it was never forwarded to me. Are they allowed to levy my acct without first notifying me? It was a very old cc which I did not pay(my fault, I know) but if they are able to obtain my bank information and my bank also has all my new contact info are they required to at least attempt to contact me further?
  • Jun 22, 2011, 02:18 PM
    Fr_Chuck

    The bank can not levy your account without a court order, obviously the lender got one, I will assume without enough info, that you were served at the old address, did not get it, they had court, and you lost. After they get the judgement, they are not required to do any notification.

    So after they got a judgement, then they found the bank accounts.

    You can go back to the court where they got the judgement, review if they meet required law for legal service, if you moved and they did not know where you were, it is possible they did it by publication, but youu will have to research court records to find out how it happened.

    If it was improper service, you can file a motion to have that judgement set aside, and then they can refile for a new court date
  • Jun 22, 2011, 02:49 PM
    XXMACH0XX
    Thank you! I will go to the courts and see what was done. Im not really fighting it i know the money is owed and regardless i have to pay it. I just wish i was notified and given a chance to make arrangements. But again its my fault i guess.
  • Jun 22, 2011, 06:36 PM
    AK lawyer
    Quote:

    Originally Posted by XXMACH0XX View Post
    ... I KNOW THE MONEY IS OWED AND ...

    Please don't use all caps.

    It could well be that there is a statute of limitations problem. If so, while it is technically "owed", they are not entitled to a judgement to collect it. The SOL is 6 years in New Jersey.

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