[car154]

Approximatley 2 days ago, I found out I have a Levy case on my checking account, they seized $5 off my checking account because that's all I have at that time. Anyway, If there is a direct deposit coming in after the Levy was issued, will the bank keep the money or take it. Can I still withdraw funds from my account? As I need to pay some bills.

I spoke to the guy who issued the Levy he said that I can still use my bank account and do normal transactions. They can't take the new money because it was issued before the new money came in.

I went to my bank they stated that all monies will be held and transferred to the Levy issuer regardless any amount I deposit.

I'm confused, Please shed some light.

Anxious guy

[ScottGem]

You are entitled to a copy of the court order. That court order should specifiy whether the levy is against current and future amounts or only current.

When you say the guy who issued are you talkng about a court officer or the plintiff?

[car154]

You are entitled to a copy of the court order. That court order should specifiy whether the levy is against current and future amounts or only current.

When you say the guy who issued are you talkng about a court officer or the plintiff?

I believe he works for the courthouse and not the plaintiff, I made a deal with him to make $100 a month starting March 1st, gave me the payment information with the docket $ etc, for a $1900 credit card debt since 2000.

I also called my bank, and spoke with a representative, in my surprise that he mentioned that there are no restrains on my account anymore. WOW.. I don't know who to believe lol.

[ScottGem]

Now I'm even more confused. No one at the courthouse has the power to make payment arrangements with you. Only the Plaintiff can do that. Did you get the arrangements in writing?

If the levy was removed it doesn't mean they won't file it again, but wait until they believe you have more money in there. The levy could have been removed because it expired not because the plaintiff released it.

You NEED to get a copy of the court order and read it. You NEED to be absoultely sure of who you are talking to and who they represent. You NEED to get any agreements you enter into in writing. You NEED to make sure that any agreement you enter into puts a hold on further legal action as long as you adhere to the agreement.

[Fr_Chuck]

Unless a payment arrangement was in writing signed by the person you owe, it is worthless.

As noted, the courthouse can not agree or make any payment arrangements ( unless you were in front of the judge in small claims and they do all sort of things not always following the law)

There are various types of garnishment on a bank account, some are a one time, but they can come back again and again, with another one. But most will move your account actually into a negative and they will just send any future money to the person with the garnishment.

1. you need to stop "talking" to anyone and go to back and get copy of the court order

2. go to the court and review the court order, since this means they have a judgement against you.

[car154]

Now I'm even more confused. No one at the courthouse has the power to make payment arrangements with you. Only the Plaintiff can do that. Did you get the arrangements in writing?

If the levy was removed it doesn't mean they won't file it again, but wait until they beleive you have more moeny in there. The levy could have been removed because it expired not because the plaintiff released it.

You NEED to get a copy of the court order and read it. You NEED to be absoultely sure of who you are talking to and who they represent. You NEED to get any agreements you enter into in writing. You NEED to make sure that any agreement you enter into puts a hold on further legal action as long as you adhere to the agreement.

Thank you so much for this advice, I will keep you posted regarding this situation.

[ScottGem]

Good luck

[car154]

Good luck

I got a copy of the Judgement filed against me from my bank.

I was actually dealing with a court Officer in my town. Basically stating that dated on 1/27/09 I they will take any assets from me. But the court hasn't ordered any force entry to take my personal belongings at home.

And also the letter quote " All proceeds are to be paid to the court officer who shall pay them to the creditor or the attorney for the creditor, or if this is not possible, to the court. This order for execution shall be valid for two years from this date."

With that being said, does any future deposit will be held against in my bank? But I thought the bank stated that I don't have any restraints on my account effective yesterday.

[ScottGem]

The order being valid for two years just means that they can use it for two years, not that it remains in effect for two years.

The exact wording would help, but I believe that its valid only against any assets held as of 1/27/09. Though I suspect it can be resubmitted within 2 years of the issue date.

That would also explain the bank's statement since it could be applied only to assets held as of 1/27.

If you were talking with a court officer, then he has NO power to make a settlement. He MIGHT be able to negotiate, but it would be subject to BOTH parties agreement. So again, you make no payments unitl you have an agreement in writing.

[car154]

The order being valid for two years just means that they can use it for two years, not that it remains in effect for two years.

The exact wording would help, but I beleive that its valid only against any assets held as of 1/27/09. Though I suspect it can be resubmitted within 2 years of the issue date.

That would also explain the bank's statement since it could be applied only to assets held as of 1/27.

If you were talking with a court officer, then he has NO power to make a settlement. He MIGHT be able to negotiate, but it would be subject to BOTH parties agreement. So again, you make no payments unitl you have an agreement in writing.

Thank you so much again, you have been so helpful and God Bless!