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wonder08048 · May 19, 2008, 05:46 AM

Forgive me if this topic is already posted, but I have a levy on my bank account and the attorney that placed the levy cannot give me any information about debt except where it's from. No dates no contracts, just how much and what arrangement they need. My question is can they place a levy on a account that has my wife name on the account as well? Thanks

excon · May 19, 2008, 05:56 AM

Hello wonder:

It doesn't matter how many OTHER people are on the account. What matters is that YOU are on the account.

However, before a lien can be placed, a judgment had to have been awarded. That means you probably received lots and lots of letters, phone calls and summons's. THAT was the time to inquire about the bill. Now, after a judgment has been reached, they're only interested in getting paid.

Now, if none of that happened to you, and you have no idea what account they're talking about, then go to the bank and LOOK at the lien. It will tell you which court awarded it. Go back to THAT court and file a motion to set aside the judgment for failure to be served.

If the plaintiff can't show the court that you were properly served, then the judgment will be set aside and you'll have your day in court.

excon

ScottGem · May 19, 2008, 07:10 AM

Its not up to the atty that placed the lien. All he needs to give you is the court and docket number of the case where judgement was awarded. You can also get that from the paperwork served on your bank.

If you were totally unaware of the judgement, then you can try to get the judgement vacated (and the levy released) on the grounds of improper service. This will get you a new hearing.

As long as you are listed as an owner of the account its subject to attachment.

levy2010 · Jan 13, 2010, 10:27 AM

Originally Posted by ScottGem

Its not up to the atty that placed the lien. All he needs to give you is the court and docket number of the case where judgement was awarded. You can also get that from the paperwork served on your bank.

If you were totally unaware of the judgement, then you can try to get the judgement vacated (and the levy released) on the grounds of improper service. This will get you a new hearing.

As long as you are listed as an owner of the account its subject to attachment.

Thanks for the answer