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    kelligina's Avatar
    kelligina Posts: 3, Reputation: 0
    New Member
     
    #1

    Jul 1, 2008, 08:22 PM
    Levying a Bank Account to Satisfy Judgment
    I won a case in Small Claims (by default, he never showed up) against my previous landlord. It was actually against the property management company. It has been almost 9 months and I have not heard one word from him despite numerous attempts to contact him (voicemails, emails, etc.).

    I just filed the paperwork to levy his business bank account, but I have one question:

    Once the sherrif serves the bank, it is my understanding that the account is frozen. Does some sort of payment automatically get sent to me from the bank or the sherrif or is it just frozen until the business owner satisfies the judgment?

    Thanks for your help!

    I live in California
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 2, 2008, 06:47 AM
    Quote Originally Posted by kelligina
    I won a case in Small Claims (by default, he never showed up) against my previous landlord. It was actually against the property management company. It has been almost 9 months and I have not heard one word from him despite numerous attempts to contact him (voicemails, emails, etc.).

    I just filed the paperwork to levy his business bank account, but I have one question:

    Once the sherrif serves the bank, it is my understanding that the account is frozen. Does some sort of payment automatically get sent to me from the bank or the sherrif or is it just frozen until the business owner satisfies the judgment?

    Thanks for your help!

    What State?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 2, 2008, 07:02 AM
    First, you need to be careful here. You say you won your judgement against the property managers. If so, then why are you trying to contact the landlord? Unless he was named as a party to the suit, your business is with the mgmt firm. It's their account you need to attach.

    Once the sheriff serves a writ on the bank, the account is frozen for a period (that varies by location) to give the account holder time to either pay or fight. After that time the money is forwarded to the sheriff who forwards it to you. Depending on location you may have to refile if the balance didn't satisfy the judgement. In other places subsequent deposits will be forwarded to the sheriff.

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