Legal Question in Credit and Debt Law in California

i live in Los Angeles California and was just informed by my Bank that my entire checking account has been garnished by a judgement that was placed against me in 2009- I was not informed of any garnishment or given any notice- this account has "auto-debit's" that are now all being returned- I am so upset; The bank is saying I should have been notified, however it "Varies from State to State" and the Attorney is saying that they don't have to notify me; "They can enforce their levy to garnish at any time" This does not sound right to me-

the bank is also saying they are holding this money for 2 weeks afterward, they will release to the attorney- I need fast help to see if what was done was legal and within my rights


Asked on 4/27/11, 2:33 pm

2 Answers from Attorneys

You don't provide enough information here for any meaningful advice in a Q&A forum like this. In fact you don't even really ask a question. You need to contact an attorney in your area directly.

Read more
Answered on 4/27/11, 2:37 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

One of two things happened here. Either you were served with a summons back in 2009 and you blew it off, or you really never received notice of the lawsuit. Get the case number from tha bank and get a copy of the lawsuit from the clerk's office. If you really never received notice, and you don't owe the debt (or you have some other good defense to the lawsuit) you will need to get a lawyer and file a motion for relief from the judgment. You must do this immediately and you will only get one shot at it, so if this applies to you make sure your motion gets done immediately and correctly. The funds in the account are exempt if they are derived from Social Security or public assistance, but you must file a claim of exemptoion wuth the levying officer. Get the bank to send you something with the case number which you might be able to look up on lasuperiorcourt.org .

Read more
Answered on 4/27/11, 2:58 pm


Related Questions & Answers

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