Check out some similar questions!

rxnarunner · Apr 6, 2009, 08:00 AM

My bank account has been levied for $2200. Im not sure what the total judgement is I'm waiting for a call back from the court officer. Here are the details. The only thing I can think of is a lease I signed back in 2007.

The first year I was there I paid one year up front due to being separated and not having a job because I stayed home with my kids for years. That lease was signed on or about July 12 2006. I also paid a month and a half security deposit along with the year. June of 2007 came around and my divorce not being filed yet and my husband agreeing to pay for half the rent I agreed to sign another one year lease. July 4 rolled around and I came home to find a notice taped to the outside of my apt stating I was late with July rent. I sent the check on the 3rd and she received it on the 5th but I thought since my signing of the lease was on the 12th of July, I still had until then. I asked the landlord would my lease be running from the 12th to the 12th? She said no. that was my first red flag. August came along and rent wasn't receive by the 3rd. And she not only called my job but came to it TWICE!! Along with her calling repeatedly she went into my apartment with the excuse of changing batteries in smoke detectors. She called me AGAIN after she went into my apt. I told her that she wasn't allowed to go in my apt without my permission and I would be moving out. September came and again she went in my apt. stating she thought I moved out. I was late with the rent.at this point I was not able to afford it and no longer wanted to bust my butt working to pay someone who kept coming to my work and going into the apt. I felt unsafe. I told her I was moving due to her harassment and husband being advised not to pay for my rent.

I moved out Sept 17, 2007. I left her ALL info. I had no forwarding address but gave her my work address and she had my old address from when I first signed the lease. I have been at my job for 2 years and have yet to hear from her.

Now my bank act is being levied and I'm worried about garnishment. I have NEVER received any notice of court and would like to fight this.

Does anyone have any advice? Also, my husband and I are still not divorced, will his bank account be levied also, even though he didn't sign the lease? Am I better off filing bankrupt? I make very little and have 4 children. She's already taken my savings. I'm mad because I wasn't notified. She kept the security deposit which was 1200. Can't I fight this on the basis of harassment? Are there any loopholes?

rxnarunner · Apr 6, 2009, 08:32 AM

I posted another question about a levy being put on my bank account. I would like to know if you had a small inheritance deposited it in your bank account are the courts able to take it?

ScottGem · Apr 6, 2009, 08:33 AM

Originally Posted by rxnarunner

I posted another question about a levy being put on my bank account. I would like to know if you had a small inheritance deposited it in your bank account are the courts able to take it?

Yes. The attachment is against the account. Whatever is deposited in the account is subject to attachment.

FlyYakker · Apr 6, 2009, 08:36 AM

Yes.
Aside from the fact that it probably doesn't make any difference that it is inheritance money anyway, how would they distinguish it from any other funds there? It's all one lump of money.

ScottGem · Apr 6, 2009, 08:46 AM

I've merged your two threads since its part of the same issue.

If you never received notice of the suit, then you should be in court today filing a motion to Vacate on the grounds of Improper service. Ask for either a release or hold on the writ of execution against your bank account.

If what you say is true, you should get this and get a hearing on the motion to Vacate. If they can't prove service, then the judgement will be vacated and you can ask for a release of the writ of execution against your bank account. Take the release to your bank, withdraw your money and put it in a different account.

You will be properly served before you leave the courthouse, but this will give you a chance to file an Intent to Defend against the suit.

So you will get your chance to defend against whatever charges the plaintiff makes. Without knowing what they are, its hard to advise you further.

rxnarunner · Apr 6, 2009, 09:38 AM

Wow... you guys are quick. Thank you very much for your advice. Yes, what I have said is true. I'm waiting for the officer to call me back to tell me who the plainteff is. Again, I'm just assuming it is my old landlord. I can't think of anything else. Bank won't tell me anything.

Here's another question. If she is suing me, and its for a year of rent, is she allowed to do that if she had another tenant in the apartment? She's essentially getting paid twice. I just want to have my say. I left peacefully and was a good tenant. No problems.

Again, thanks I appreciate the time that has been taken.

ScottGem · Apr 6, 2009, 10:04 AM

First, she can't double dip. As soon as she had another tenant move in, your obligation ends. And she is required to make a good faith effort to find another tenant.

Second, The bank is required to give you the information on the writ they were served with. This info will give you the couirt that issued it and a docket number so you can contact the court and get the details about the plaintiff and when the judgement was issued.

rxnarunner · Apr 7, 2009, 10:12 AM

If you have stock can they levy that account?

ScottGem · Apr 7, 2009, 10:35 AM

They can generally attach any asset but they have to find it first and finding stock holdings is more difficult than bank accounts.

What happened with the motion to Vacate?

rxnarunner · Apr 7, 2009, 10:43 AM

Well the bank wouldn't give me any info except for the officer handling the case (I tried 2 different operators). I spoke with her yesterday and today she is calling me after 3 to give me all the info. Doc #, amount, and to confirm the plainteff.

Tomorrow ill be taking off work and going to the courthouse.

Just your opinion... do you think I should retain a lawyer or do what I can and feel it out?

Your help has been great. Just knowing that I can do something makes me feel better. Even if I can't get my money back, knowing I can have my say helps me sleep better.

rxnarunner · Apr 7, 2009, 10:48 AM

Scott~

I would actually support you. But I have closed my accounts due to the levy :) kind of stinks because you saved me some time and hassle. Maybe someday ill be able to answer a question for you!

ScottGem · Apr 7, 2009, 10:49 AM

I think you may be able to do without an attorney for now. When you talk to the person at the bank, inform them that they are NOT to transfer any money since you are trying to get the judgement vacated. I would get the name and FAX number of the person you speak to and fax them a letter to this effect. Because of the delay they caused in getting you the info to file your motion, you do not want to lose out. Once the money is transferred you will have a great deal of difficulty in getting it back. You aren't asking them to unfreeze your account, just to hold off transferring the funds.