Legal Question in Banking Law in California

collections

Hi, I was wondering if there are states that do not attach bank accounts for civil case award cases? For example, I know that in Florida (unlike CA) that if a judgement is against you that they cannnot take your home/property/money.

I was wondering if there are states (thus banks that operate in those states) that do not allow consumer accounts to be attached by levys of out of state small claims civil cases?

Thanks,

--name removed--


Asked on 8/15/06, 8:46 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: collections

Theoretically a judgment creditor could find an out of state bank account, file for a "sister state judgment," and levy on it in the other state. But this is easier said than done, it involves time and effort on the part of the judgment creditor. There are all kinds of places to put your money or assets with varying degrees of protection ranging from your mattress, to rare coins, to stock brokerage accounts to numbered Swiss bank accounts and offshore trusts and other complicated shell games. Of these, your mattress is the least vulnerable to judgment creditors (but your East Village apt could always be burgled). You could google for "asset protection" and see what you come up with. A "fraudulent transfer" of assets after a judgment is rendered is a no-no.

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Answered on 8/15/06, 9:56 pm


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