Legal Question in Civil Litigation in California
bank levies
What actions can I take against a bank for taking all the money in my account in excess of the judgment amount? Judgment was $232.16 bank took $777.02 on top of their $100 legal processing fee
2 Answers from Attorneys
Re: bank levies
You can try to go up the chain of command in the Bank to get them to apologize and return to you your money and some compensation for your time lost in trying to get the money back [they charged you for their time to process the request]; that is rather hopeless. You can complain to the agency that regulates that particular lender but in this time of economic chaos they are not going to consider your complain worth much time.
Write a demand letter to the bank saying that if ana agreement can not be reached you wil sue in Small Claims court for breach of fiduciary duty, misappropriation of funds, etc, and will also see if the judge will award you punitive damages for their conduct that the average person would find highly offensive. They will ignore that so then you have to put together all of your documents and sue in SCC.
Re: bank levies
Was $232.16 the total amount of the judgment, or just the principal? If the latter, the rest may have been fees and costs -- including the costs the other sude incurred in order to collect on the judgment. Since the bank handed over your entire balance, it is possible that you still owe more money.