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    DanaPoint820's Avatar
    DanaPoint820 Posts: 3, Reputation: 1
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    #1

    May 24, 2008, 09:08 AM
    Levy on bank account after making payments on judgment
    We had a lawsuit against our landlord in late January resulting in a judgment against us. We have made payments to the landlord since the judgment for two months now and sent payment as recently as last week and have receipt. I tried to use my account yesterday and all 3 accounts (personal, savings AND MY BUSINESS ACCOUNT) frozen by a levy. Can someone levy my bank account with a judgement I have been making payments on? Can someone take EVERYTHING from the accounts instead of a percentage, leaving me with no way to live? It is my understanding that when someone garnishes wages, they are only entitlted to take a percentage, so there is still money for someone to live off?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 24, 2008, 09:45 AM
    Quote Originally Posted by DanaPoint820
    We had a lawsuit against our landlord in late January resulting in a judgment against us. We have made payments to the landlord since the judgment for two months now and sent payment as recently as last week and have receipt. I tried to use my account yesterday and all 3 accounts (personal, savings AND MY BUSINESS ACCOUNT) frozen by a levy. Can someone levy my bank account with a judgement I have been making payments on? Can someone take EVERYTHING from the accounts instead of a percentage, leaving me with no way to live? It is my understanding that when someone garnishes wages, they are only entitlted to take a percentage, so there is still money for someone to live off of?

    Post removed by Judy KayTee -
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 24, 2008, 12:47 PM
    One key piece is missing here. Did you have a written agreement with the laqndlord for payment of the judgement and were you adhering to that agreement? If the answer is no, then you are out of luck. If the answer is yes, then go to the court and submit a motion to squash the writ on the grounds that you had an agreement for payment.

    As Judy noted, unless the business account is solely in the business name, then they can take that as well. Any account that you are listed as a joint owner is fair game.

    And, as also noted, they can take whatever is in the accounts up to the amount of the judgement.
    DanaPoint820's Avatar
    DanaPoint820 Posts: 3, Reputation: 1
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    #4

    May 24, 2008, 10:20 PM
    We turned in a payment proposal as requested through the courts within the 30 days of judgment. We actually paid the landlord twice the amount per payment on the court documents. She is desperate.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    May 25, 2008, 04:01 PM
    But did the landlord agree to it? If the landlord did not sign off on it, then its not legally binding on them. On the other hand, if they did accept the payments, it might be construed that they tacitly accepted. So you can try putting in a motion quash the levy on the grounds that you had an agreement in place. That may or may not work.
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