Legal Question in Credit and Debt Law in California
Money Owed Taken and Then Given Back
We own our own company and a judgement was won against us in 2/95. The company took almost $7,000 out of our checking account to cover the debt. The Sherriff's Department (I am told) held the money until 11/01 at which time they put it back into our checking account. After two months of sitting in our account we spent it. Know their attorney is contacting us wanting us to sign papers so the Sherriff's office can release the money to the company however, the money is no longer with the Sherriff's Department because they gave it back to us. Can the company who won the judgement pull this money back out of our account again?
3 Answers from Attorneys
Re: Money Owed Taken and Then Given Back
Thanks for your posting. It sounds as though the judgment creditor delayed too long and the marshall returned the money after the time period expired.
As a judgment creditor, they can seize bank accounts at any time, however, to help satisfy the judgment.
Although you don't have to give back the money this time, they can take it out again, or out of a different account.
Have you considered bankruptcy?
If you have any other questions, please feel free to email. Thanks.
Re: Money Owed Taken and Then Given Back
Yes they can, unless the judgment is over ten years old and has not been renewed. It would seem to me that is why the Sheriff's office returned the funds to you. If it is over ten years and has not been renewed, the judgment is stale and no longer of any force or effect.
Re: Money Owed Taken and Then Given Back
it is unclear why they put the money back into your account but as long as they have an unsatisfied judgment they can go after any assets they find.
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