Legal Question in Credit and Debt Law in California

Default judgment battle

If a default judgment is entered against you, and your bank account is levied, what are your options, beyond paying off the whole debt, for removing a levy? Are there any options?


Asked on 7/05/06, 1:26 am

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Default judgment battle

In addition to the other responses you've received you could (1) file a claim of exemption if there is still enough time; and (2) take action to set aside the default judgment.

With regard to a claim of exemption, the levying officer would serve you with paperwork to claim some of the levied money as exempt. You have a short window after the levy to claim the money as exempt, so fill out the paperwork and send to the levying officer TODAY. If you don't, the bank will turn over the money.

You didn't indicate whether or not you owed the money or how they default judgment occurred. In some cases, you can file a motion to set aside the default or a civil suit attacking the judgment if the judgment was improperly obtained in some way.

Read more
Answered on 7/05/06, 9:15 am
Robert Mccoy Law Office Of Robert McCoy

Re: Default judgment battle

Bankruptcy.

Read more
Answered on 7/05/06, 1:41 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Default judgment battle

You could try to negotiate with the attorney for the judgment creditor to take less if you otherwise pay a lump sum.

Read more
Answered on 7/05/06, 2:28 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California