Legal Question in Credit and Debt Law in California

Levy on power of attorney account

My girlfriend is a power of attorney,

not a joint tenant on my checking

account. Her old landlord levied my

account for past rent and repairs to

her old apartment which the landlord

had done no repairs to in the 9 years

she lived there. Do they have the

right to levy my account? I was

given no notice and now have no

money.


Asked on 5/22/09, 4:36 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Levy on power of attorney account

There is a procedure for making a claim of exemption from levy. Its in the paperwork you received. You need to go before a judge in her lawsuit and provide a judge with documentation to the effect that she does not own the account, the funds in the account are not hers, that she cannot sign on the account, and have the levy removed. Next step is to remove her as a POA on your account immediately.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/22/09, 4:57 pm


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