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    atlmiss's Avatar
    atlmiss Posts: 24, Reputation: 1
    New Member
     
    #1

    Jun 21, 2007, 12:40 PM
    Appeal in Civil Court-can they levy accounts while pending
    I asked this in another post but it got buried in between my other questions...

    If I receive a judgment against me in civil court, and appeal that same day, is the collection agency able to immediately levy my bank accounts, even while the case is under appeal?

    I am terrified of my bank accounts being frozen, maybe I am panicked but should I pull out my money and stop direct deposit before the trial... in case of worst scenario?

    Thanks for your advice in advance! Everyone here has been of great help!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jun 21, 2007, 12:52 PM
    Unless the judge issues an injunction pending appeal, they can exercise the judgement to attach your assets while the appeal is pending so it would make sense to clean out your accounts.
    atlmiss's Avatar
    atlmiss Posts: 24, Reputation: 1
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    #3

    Jun 21, 2007, 01:20 PM
    Do you happen to know how long it can take to levy a bank account-is it something they can do immediately that day? (my trial is at 1:30 pm). How do they find bank accounts so quickly?

    Oh I hope it doesn't become an issue as I am out of the country the last half of July and really need to have access to my bank account and salary!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 21, 2007, 03:56 PM
    Quote Originally Posted by atlmiss
    Do you happen to know how long it can take to levy a bank account-is it something they can do immediately that day? out of the country the last half of July and really need to have access to my bank account and salary!!
    Hello a:

    They can do it the same day. They'll surely have it done by July.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jun 21, 2007, 04:36 PM
    First that have to find your assets. They may already have the info or they may first try to find it after getting a judgement. They must then get a court oirder from the court and finally they need to serve it on the bank. The latter two steps would only take a couple of days.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #6

    Jun 21, 2007, 04:38 PM
    Take the funds out now.
    atlmiss's Avatar
    atlmiss Posts: 24, Reputation: 1
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    #7

    Jun 21, 2007, 05:28 PM
    Thanks everyone! Wow that's fast-

    I just realized my post might have been confusing-the trial isn't until July 12 at 1:30pm, so I still have a little time.

    Hopefully it goes in my favor, and this doesn't become an issue, but I want to be prepared just in case... you can never be too safe!

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