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sdjca2006 · Nov 20, 2006, 12:01 PM

I had a bank levy put on my bank account and the outstanding balance was paid in full. My problem is that they took too much money out of my account. The company that took the money took $2000 more then they were supposed to. I've been calling them for a month to try to get my money back and they are giving me the run around. My question is how long are the able to hold on to my funds without returning it to me.

posheak · Nov 20, 2006, 12:52 PM

First off do draft a letter to them with this info in it. Dates, amounts taken, dates that you have spoken to them, who you spoke to. etc...

Before you send it to them CALL the Attorney General in your area and tell them all of this, see how they would like to proceed.

Provide copies of the proof you have and send it certified.

ScottGem · Nov 20, 2006, 01:03 PM

First, you need to document the overage. Why do you think they took too much? Do you have a copy of the judgement and the amount it was for?

Second, contact your bank. Before they can take out the money, they have to serve the bank with a copy of the judgement. That copy should have specified the amount of the judgement. If the bank gave them too much, then the bank should be putting it back since it was their mistake.

Do NOT contact the Attorney General at this point. There is NO evidence right now that a crime has been committed. So the AG's office is not going to do anything.

Your best bet is the bank. If they gave out more than the judgement was for, then they are at fault. Let them reimburse you and get it from the creditor. But first you need to determine what the judgement was for.

posheak · Nov 20, 2006, 01:06 PM

And also monitor your bank account very closely, you may have been the victim of bank fraud and the money levied against you may be going into someone's pocket. You may want to consider closing this account and opening a new one at a new bank.

ScottGem · Nov 20, 2006, 01:27 PM

Whenever an account is subject to a garnishment it should not be added to until the garnishment is lifted. Better yet is to close it once the garishment is lifted (you can't close it until its lifted).

sdjca2006 · Nov 20, 2006, 01:39 PM

I have records from my bank on how much money was taken out. The Jugement amout was for 13k and they took over 15k. In stead of taking out just the jugement amout the took everything out of each of my accounts.

Another question can the levy be put on CD accounts.

ScottGem · Nov 20, 2006, 02:14 PM

So why haven't you gone to your bank? If they were served a garnishment for 13K and they handed over 15K then THEY made a mistake and should reimburse you.

And yes, CDs are subject to garnishment.