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    lindahigh's Avatar
    lindahigh Posts: 1, Reputation: 1
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    #1

    Apr 2, 2009, 05:11 AM
    Levy on bank account
    I have levy on my bank account for a credit card.I call a debt settlement company.what call I do to stop them. Do I need to get a lawyer and do chapter 7
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Apr 2, 2009, 05:50 AM

    You can't stop them. If they have a valid judgement then they are entitled to their money. You can try bankruptcy. But since the money was taken before you filed, I doubt if you can get it back.
    jessielou's Avatar
    jessielou Posts: 1, Reputation: 1
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    #3

    Apr 3, 2009, 09:47 PM

    i just recently had a levy added to my account i know that there is a way to lift the levy, you can file a response to the local sheriffs department. that it is a hardship to you and your family, you can add how much you are able to pay each month as long as you do this before 21 days has passed you should be able to see a judge
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 3, 2009, 10:02 PM

    Sorry, no there is no magic, they already went to court and got a judgement, where you had a chance to defend yourself. Now they have already taken the money from the bank, that is gone, the trick is not to put any more money into that bank account

    You may challenge a garnishment of your pay check for hardship but only in states that it is allowed. But most have those guidelines already written into the law, as to what percent they may take.

    Working out payments before they get the judgement, they have no reason to work anything out now
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 4, 2009, 05:17 AM
    Quote Originally Posted by jessielou View Post
    i just recently had a levy added to my account i know that there is a way to lift the levy, you can file a response to the local sheriffs department. that it is a hardship to you and your family, you can add how much you are able to pay each month as long as you do this before 21 days has passed you should be able to see a judge
    Can you supply backup to this? This may be true of where you live, but its not universally true. Generally inability to pay is NOT a defense against such a suit. If you truly are unable to pay then bankruptcy would be the alternative.
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