Legal Question in Civil Litigation in California
Is it legal for a creditor to wipe your checking acct out without notifying you? should the bank notify customer before they release your money? what should i do next, since all my money is gone?
2 Answers from Attorneys
Does the creditor have a judgment against you? Alternatively, are you referring to a tax obligation that the government has tried to collect in other ways? If the answer to either of these questions is yes, then the creditor can enforce its rights by executing against your assets. It does not need to tell you ahead of time exactly how it is going to do this, since that would enable you to withdraw your money.
There is no way to say what you can or should do next without more facts. Feel free to contact me directly if you want to discuss this further.
Yes they can. It is called a levy and is served by the County Sherif and they can take all the money in your account up to the amount of the judgment against you. They cannot do it every day and will have to file a new levy. Yes the bank must inform you and will send you a copy of the notice of levy. You can contest the levy and there are instructions on the back of the form but you must act swiftly because after so many days the bank must release the money to the creditor and then its gone. If you have a judgment you need to deal with it. Contact your creditor and work out a deal or file bankruptcy if your condition warrants it, but don�t ignore it. I the meantime keep your money in cash until you resole this. They may levy your account again. I bet they would probably try around the holidays when you are liable to have some extra cash in the bank if they still give bonus to people who don�t work on Wall Street. Another good time is around tax time so be careful and don�t ignore them because they next thing they will try is to garnish your wages if they haven�t already done so.