Legal Question in Civil Litigation in California
Bank Levy Question for my situation:
In early 2008, my account was levied and all my money was taken out of my account. I found out that the levy (3 million) is from LA court and is based on a default judgment for a case from 1990. I have no idea about this case. That time I was 15 years old, in 10 grade and had not even entered USA. I have proof of passport, license etc to prove this. The lawyers I approach want lot of money.
1. Do you think I can handle this myself in court by filing a motion?
2. Can I file a case in San Jose, where I live and where my bank account is (will this be wrong jurisdiction)?
3. What motions should I file to end this and get my money back?
4. "Motion to quash the writ of execution" and "motion to return my money and other associated cost" Will they be okay? And can I do them together in 1 court date?
5. How do file to say that he stole my identity by attaching my ssn and bank account number with that case, because it is not me?
Please advise. Any help is appreciated. thanks.
3 Answers from Attorneys
You should not try to do any of this by yourself if you can get a lawyer. The first thing your lawyer should do is contact the lawyers for the party who levied your account and explain that you are not the judgment debtor. If they are persuaded, you may be able to get your money back without the need for a costly court fight.
When so much money is involved, or expensive real property is involved, it's often foolish for a person not schooled in law to attempt to take on complicated tasks. It definitely would be worth your while to have a lawyer on your side. As Mr. Hoffman suggests, there might be a quick resolution with a lawyer's help.
I have come across one other case like this in my career, and it was quite a mess. The collections world had linked my client to a total deadbeat with the same name who had lived in the same city for a stretch of time. So the databases they share all showed my guy as being the other guy.
On the other hand, if it is just this one creditor, it may be cleared up pretty quickly and easily.
Either way, though, you need a lawyer. If it's a simple matter it won't cost you much, and if it turns out to be ugly, better to have a lawyer in on it from the beginning, instead of having to play catch-up.
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