Legal Question in Credit and Debt Law in California

Bank Levy

My son is Military. Out to sea, wife didn't pay rent, son never sign lease only wife, but apt was Military housing in San Diego. Did a Bank Levy, son didn't get notice 4 court, sued him for $7,000.00. He had to send the $ through the Sheriff's office which he's paid $1,500. The collection agency is telling him that went towards the collection process for the court cost and sheriff's fee and that he still owes $7,000. They refuse to talk with me, saying my son's grown and for me to stay out of it. I'm confused with a Bank Levy and sheriff's fee the amount of monies. When I call the court house with the case number, none could be found. Please direct me and advise me so I can help my son. Thank You.


Asked on 4/10/03, 6:08 am

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Bank Levy

Your question does not include enough specific information. Perhaps you could obtain a copy of the Petition and summons served upon the wife, in order to locate the case at the courthouse. I would check the file to see if any return of service was filed, and how the court bases its jurisdiction for a money judgment against your son.It may be possible to file a Motion to Quash the Bank Levy, or garnishment or whatever has been filed to collect the money judgment. I would advise your son not to send any money in to the sheriff until everything is straighted out, and I would advise you to hire an attorney on your son's behalf in the county in which this has taken place. Good luck.

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Answered on 4/10/03, 4:51 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Bank Levy

If there is a default judgment, it could be vacated if it can be shown that there was no valid service of process. What did they levy? If the judgment is against wife, they could levy against community property. The levy may be invalid, too, because there is a declaration of non military status on default judgments, etc. documents.

Where is the court?

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Answered on 4/10/03, 11:32 am


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