Legal Question in Business Law in California

Bank Levy

I sued a contractor in small claims for services not performed after giving him a deposit of $750.00. I won the case and he has evaded my efforts to collect the judgment awarded to me by not returning my phone calls. I have already filed a complaint with the State Contractor's Board. I understand I can attach a bank levy to his bank account, however I do not know how to go about doing this. I have also read I can pay the Sheriff's Department to sieze property equal to the value of the judgment of $750.00. What are my best options to collect my money?


Asked on 5/30/04, 10:52 pm

3 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Bank Levy

You might consider https://www.directdebtcollections.com/index.html (I am not affiliated with them in any way.).

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Answered on 5/31/04, 4:00 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Bank Levy

You will first have to get a judgment. I suggest you go to the Small Claims Court, which handles cases up to $5,000.00. Get your judgment and then have a Writ of Execution issued. Then you can instruct the Sheriff to levy on their bank account. No lawyer needed. Unless you have questions.

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Answered on 5/31/04, 10:54 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bank Levy

You obtain a writ of execution from the court. Then you fill out instructions at the sheriff/marshal's office. Usually, they have samples to show you how to fill it out. You have to know at what bank and branch the account is held, and if possible, specify the account number. State "any and all checking and or savings accounts in the name of ____________, including but not limited to account no. _____."

As for seizing property, that probably will cost a lot more than levying against the bank account. Timing is important for the bank levy. You should time it so that it will occur when most likely there would be maximum amounts in the account -- i.e. payday. Good luck.

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Answered on 5/31/04, 1:25 am


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