Legal Question in Appeals and Writs in California
I found out that a bank levy was placed on my account today for over $3500 from a very old debt. Can I motion to quash in the state of California? Also, if the levy already took a portion of money out of my account today, will that same amount be taken out each time until the debt is paid? I don't understand what i need to do.
3 Answers from Attorneys
If by "very old." you mean it became past due more than four years before the date they filed your lawsuit, I would very very much like to hear from you. I would also like to hear more if, for example they "sewer-served" you or served somebody at an old address of yours. The levy is a one shot deal. Presumably they won't be back, and you won't keep any money there until the judgment is quashed, paid, or discharged in a bankruptcy.
Each levy is carried out only one time and does not repeat automatically. However, the plaintiff can re-levy repeatedly until the judgment is paid.
There are ways to challenge a levy in whole or in part. You have offered no reason to think you could win such a challenge. I suggest discussing your case in detail with a lawyer, especially if the debt is big enough to keep the plaintiff coming back for more.
You don't challenge a levy with a motion to quash. Mr. Stone's response looks for information from you as to whether or not the judgment against you is valid. You are going to have to get your paperwork in order and speak to an attorney, and provide a detailed background.
A levy is not a one shot deal. A judgment creditor can repeat levies in the future until the judgment is satisfied.