Legal Question in Credit and Debt Law in California
re: judgment & levy on checking account.
is there any thing a person can do to get back some of the levied amount, if that amount is all that they have to live on, to at least pay thier mortgage & utilities to avoid becoming homeless.
once a levy has been entered, & you've made contact to try & settle the judgment, can the they try & enter a judgment against your wages?
2 Answers from Attorneys
Re: re: judgment & levy on checking account.
There is already a judgment, and they can help themselves to a portion of your wages. Unlikely they would settle now that the case is over and you lost. You should have received a form for requesting an exemption at the time the bank levy was made. This assumes you knew about the lawsuit prior to the bank levy. If the bank levy is the first you've heard about the judgment, and you feel you have a legal defense, see an attorney right away.
Re: re: judgment & levy on checking account.
You can claim an exemption if the levy leaves you no money to pay for your normal living expenses. If you did not receive the exemption papers, you should be able to get a copy from the sheriff or the court. Mr. Stone makes a good suggestion regarding reversing the judgment if you have a defense to it or never received the summons and complaint.
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