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    squaimees's Avatar
    squaimees Posts: 3, Reputation: 1
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    #1

    Jul 16, 2008, 03:06 PM
    Questions on Process of Levy
    Recently I had my bank account "frozen" ( please excuse my terminology if not correct ) due to debt that I could not pay... nor would they work with me on my considerable lower payments after losing my overtime at my current place of employment therefore the garnishment of bank account occurred... I have since contacted a lawyer and I did just sign a notorized copy of a letter to return to the Sheriffs office for the levy on my account.

    My Question is... is there any timeline following what I have just stated such as... what do I need to look for in the future regarding this subject? Will I ever see what money was in there again? What normally happens?

    I will ask my attorney these questions as well but my next appt is a few days away...

    Recently divorced single mom of two is finding a hard time making ends meet since this happened... :(
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jul 17, 2008, 01:30 PM
    Welcome to AMHD. How much is the debt? And, how much is in your account? Have you considered Chapter 7? Bankruptcy Chapter 7 Personal Consumer Creditors File
    Or Chapter 13? Bankruptcy Chapter 13 Debt Payment Retain Assets
    squaimees's Avatar
    squaimees Posts: 3, Reputation: 1
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    #3

    Jul 17, 2008, 03:06 PM
    The debt to this particular creditor is about 15K all said and done and I have considered both options and have a lawyer for this...

    Will I ever see what money they did take? My accounts have been reset to 0 with the exception of a holiday account.

    We did sign a nortorized form ( levy ) and sent it back to the sherriff...
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #4

    Jul 17, 2008, 03:11 PM
    Unfortunately, you probably should have looked at the possibility of Bankruptcy before the levy hit.

    Like when the judgment was awarded?

    I don't think filing now, will have any effect on the money they have already taken, your attorney will have that information for you.

    Unless they froze more than the amount awarded in the judgment, with any fees and interest added, I don't think you will ever get any of that back.

    I could be wrong.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #5

    Jul 17, 2008, 04:33 PM
    You can file Ch 7 or 13 and probably get it back; might depend on how much and how well your lawyer reacts.
    squaimees's Avatar
    squaimees Posts: 3, Reputation: 1
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    #6

    Jul 18, 2008, 08:12 AM
    Quote Originally Posted by progunr
    Unfortunately, you probably should have looked at the possibility of Bankruptcy before the levy hit.

    Like when the judgment was awarded?

    I don't think filing now, will have any effect on the money they have already taken, your attorney will have that information for you.

    Unless they froze more than the amount awarded in the judgment, with any fees and interest added, I don't think you will ever get any of that back.

    I could be wrong.

    Unfortunately the first lawyer I talked to before all this hit told me that I could not file based off my income from the previous year so I was under the impression I had to hold on and pay what I could... my pay this year is consideriably lower so I have been struggling all the way around:(

    When you say "like when the judgement was awarded?" - is that the return date? According to the bank the return date was 7/16 however the letter from the Sheriff stated 20 days from date of receipt ( which is odd that there was NO date on the letter nor was the letter sent via signature required which I would have thought they would have utilized )

    My small amount that I had direct deposited probably really didn't even touch the postage and handling for all the letters to be honest however it really put a dent in my finances being a single mom of two... :(

    Was just kind of hoping I would have something to look forward to in the future since I am in a bind...

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