[chetccr]

I've been reading many Consumer questions on Bank Levy's, and most responses are: file a "Motion to Quash". OK, How and What and Where and to Whom ?

For example, I live in California and had Bank levy's filed on my checking accounts in both California and New York because of a judgment awarded (May 2007) and filed in New York. I was Never Served or aware that a judgment was to be and had been filed until the Bank Levy.

I checked with the county clerk in California where I live and there is no judgment filed there, only in New York.

My questions, are, who do I attack first and what proper forma are needed ?

1. Since the judgment was filed in New York, do I need to file the Motion to Quash first there ? Need sample Form

2. Is it filed first with the clerk's office, then given to the Sheriff to serve or do you just give it to the sheriff's office to file and serve?


3. Can I serve the Motion only in California, since this is where my bigger accounts are?

4. How do I find what Bank Office / Branch to file the motion with. Is it the same office that sent me the letter informing me of the Levy ?

[mr.yet]

You file the Motion to Quash in the court that issued it. (New York)

Also MOtion to Vacate---due to improper service.

Samples can to found in the law library online for each state.

[chetccr]

Thanks.. How about in California where my Bank account was levied. Do I have to wait for a proof of filing and response from the judge on the motion in New York before I serve the bank in California where my levy is placed ?