Ask Me Help Desk - Levy on Bank account in California

Hello all,

We received notice that the sheriff was to levy our property... "for monies on deposit at Washington Mutual Bank"...

I closed my checking account there... but I have a mortgage payment due them each month. Can they levy my payment to the mortgage company? I would not think that a mortgage payment is monies on deposit. If so what could be done?

Secondly, we do have another bank account that we pay bills out of... it is not with this bank. I assume they could levy this account as well... so what is the best thing to do to avoid the levy and still pay bills... Perhaps money orders... Can you claim hardship? I know with wage garnishments you can.

Finally, my daughter has a savings account at the bank that has not been levied for college... she is 6. Can they levy her account? I am trustee of course... so can they levy because of that... it is her account though.

Thanks again.
Doug

Hello no they can't get your mortgage payments.

But yes as soon as they find your other banks, they will get all the money in that bank. If your daughters account is in a trust, and you are just the trustee, no they should not be able to get that money ( but I would check with a lawyer, don't take my word, laws change all the time)

The thing you do is don't have any bank accounts, get your checks, cash them and pay everyone with money orders, and keep your money in a box in the house.

Next most likely they will come after you for a wage garnishment, and finally perhaps a lien on your home.

Just depends on how hard they want to go after you

Quote:

Originally Posted by i12fly7skyhigh

Can you claim hardship?

Hello Doug:

What the Padre said, with this one addition. Hardship in this case is called bankruptcy.

excon

Well it is a $3900 debt which normally I wouldn't think most would go after... but it is an aggressive law firm... so they will.

I think you can claim hardship with wages... But perhaps I am wrong. I change work so often it will e hard to keep up. I have been on the new job 3 weeks.

?? We are going to open an account in my fiance's name only. She lives here. We plan on paying bills through her account and me just cashing checks and depositing. Is there any way they can levy her account? How about if it is in her name only and we are married? (how would they know we are married anyway really?)?

Don't you typically have to satisfy judgements if you sell or refi your home? Can they force a sale?

The paperwork had lots about personal property. Can they levy furniture and the like (it was a credit card debt-unsecured)?

Ps thanks Chuck, I see you on here lots!

Quote:

Originally Posted by i12fly7skyhigh

Well it is a $3900 debt which normally I wouldnt think most would go after...but it is an agressive law firm...so they will.

I think you can claim hardship with wages...But perhaps I am wrong. I change work so often it will e hard to keep up. I have been on the new job 3 weeks.

??? We are going to open an account in my fiance's name only. She lives here. We plan on paying bills through her account and me just cashing checks and depositing. Is there any way they can levy her account? How about if it is in her name only and we are married? (how would they know we are married anyway really?)?Dont you typically have to satisfy judgements if you sell or refi your home? Can they force a sale?

The paperwork had lots about personal property. Can they levy furniture and the like (it was a credit card debt-unsecured)?

Ps thanks Chuck, I see you on here lots!

Yes... I too seriously want the answer to the above highlighted for California specifically..
She made me make her an honest woman although I fought her the whole way trying to protect her...

I suspect a real resourcefull cuss of an investigator can link the state or county marriage license info to folks they have in their sights

On wage garnishments you can file a claim of exemption but there is no guarantee that it will stop the garnishment.

If you are married, they can get your wife's bank account since its considered community property. They can also garnish her wages as well.

At the end of the day, you can run but you can't hide. Judgments last 20 years if they renew it. Why not be responsible and just pay the debt? Most companies will settle for less than 50% these days.