Legal Question in Banking Law in California
Bank Account Levy
Can a creditor levy your bank account and take your money when you told them over and over your not working? Can the bank charge me for insufficient funds when the money was in there and the let them take it before everybody got paid?
2 Answers from Attorneys
Re: Bank Account Levy
What have you been smoking? Did you sign a contract that says, I agree to pay my bill, but only if I'm working? Surely you knew there was a judgment against you, and you left money in the bank? The bank did not 'let' them take the money, the sheriff came there and took it. If you did not want your other checks to bounce you should have deposited more money.
Re: Bank Account Levy
Yes, and yes. The real question is how do you get your money back now? If you are still within that 20 day window to file a claim of exemption, you can file a bankruptcy and get your money back. But it is no longer cheap to file bankruptcy. Expect a retainer of between $2,000 and $3,000. I suppose that if there were enough money in your bank account it would be worth it.
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