[ufaman]

3 days ago I found out that my bank account had been frozen. I contacted the bank and they said there was a levy on my account. I never received any kind of notice stating that this was going to happen. What steps can I take to correct this?

[ScottGem]

Ask the bank for a copy of the garnishment request. This will list the court where the judgement against you was obtained. You then have to go to that court and request to vacate the judgement. However, if the judgement was valid (meaning you owed the debt), its unlikely you can get it vacated.

[ufaman]

Thanks for your answer. So they can just take all of my money without notifying me? That doesn't seem right. Should'nt I have been given somekind of notice?

[ScottGem]

They don't have to notify you that they are taking the money. But you do have to be notified that a judgement was entered against you. Did you not know about the judgement at all? If so, you may have grounds to vacate being that you were not informed about the judgement. However, if they made due diligence to contact you, that may not hold water.

If you were informed about the judgement and did nothing, then you haven't a leg to stand on.

[ufaman]

I was not notified of any judgement against me at all! I just went to my bank to withdraw money and was told there was a levy on my account. They gave me number to call. When I called the number they said they have sent plenty of notices to an address that I have'nt been at for over 3 years now. Would there still be a chance of the court vacating the judgement?

[ScottGem]

Did you leave a forwarding when you left that address?

This may be an iffy proposition. If you actually did live at that address and they can document they sent notices, you may not be able to vacate the judgement. At the very least, assuming the debt is valid, they may have to re-enter the judgement. This may give you time to close that account, but, they will find you again. Again assuming the debt is valid, you need to pay what you owe.

[ufaman]

Thanks for your help. I'll just try my luck with the courts. It can't hurt! If you have any more advice I would appreciate it. Thank you.

[mr.yet]

File motion to quash the levy against your account, this will give you so time before they can remove the funds.

If you were denied due process in the judgment, it is possible to void the judgment against you.

[ufaman]

Should I consider getting an attorney?

[ScottGem]

It might be a good idea, but it may be easier to just pay off the debt then pay an attorney.

[mr.yet]

ScottGem is correct, the cost for an attorney may to high than the debt.

Maryland has a law library online to help you understand the procedure and court rules, if you want to look them up.

[ufaman]

Would the same procedure and rules apply in California?

[mr.yet]

California law library is online also. Sorry about the Maryland comment is was read a different post.

[Guest]

I have a levy on a bank account in California but I now live in Las Vegas Nevada can they levy my bank account in Nevada?