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Onemoretime77 · Apr 2, 2008, 07:59 PM

I just received a notice of bank levy from Capital One. I have begun bankruptcy proceedings and am in the process of paying the lawyer fees. How long do I have before the levy is done? Can I claim exemption to stop it or will that result in having to go to court as they creditor will object?

My bk attorney will not help me as it is "not in the retainer agreement". I am on autopay at work and will stop that. Can I just open another bank account and begin a fresh?

Fr_Chuck · Apr 2, 2008, 08:33 PM

How much is your attorney, around atlanta you can get a bankrutpcy attorney for about 1000 to do a chapter 7.

But does Capitol have a judgement already? If not they can't do a bank levy without a judgement, so you answer that you will defend, you ask for a date to be moved back for some reason and try to get it.

And you know they are going after your bank?? Take all of your money out, use cash and money orders until you get your bankruptcy filed

Onemoretime77 · Apr 2, 2008, 09:05 PM

I am in California and the attorney is charging $2,750. A judgment has been entered and Capital One sent me the notice. It says I can claim an exemption if I do it within 15 days of when it was mailed.

However, I think that would open up a whole can of worms for the court, etc.

I have stopped my auto pay and will go cash and carry, however, I am concerned about how long it takes. I still have the rent payment going out and electric bill and the money is there now to cover those expenses. Then the next paycheck on 4/15 will be cashed and the fees given to the BK attorney to file.

I am just worried about the current money in the account to pay the rent and how long I have before they actually go to the bank.

George_1950 · Apr 4, 2008, 05:55 AM

As Chuck has said, go to the bank and take out all of it, except what you need to keep the account open, unless you want to close it.

Onemoretime77 · Apr 4, 2008, 09:48 AM

Accordingly, one can file a Claim of Exemption which will make exempt the funds in the account, but it must be done within 15 days of receipt of the mailed notice.

As I pay everything online, it is not possible to take funds out as the rent and electric were paid online BEFORE the Notice of Levy arrived.

The Notice of Levy will not be enforced until 15 days after the mailed date or 10 days if served in person.

Can anyone verify the above?

The funds from the next pay period will not go into the account.

robin22134 · Dec 22, 2009, 05:23 PM

No not true capital one sent a levy to my bank on 12/11/09 and took it out the same day I filed exemption and won the case. The account was in my name and husbands which his social sercurity went to and my daughters fight all you can even if you have to go to court I just wrote a letter to the clerk of court and won YEAH