Legal Question in Credit and Debt Law in Indiana
How do you Levy on Bank Accounts and Rewnters Deposits
I would like to know the procedures and forms that need to be taken to Levy, freeze or Garnish, whatever the appropriate term, a Bank Account or a Renters Deposit?
1 Answer from Attorneys
Re: How do you Levy on Bank Accounts and Rewnters Deposits
In order to levy upon a bank account, you first need to file suit and get a judgement against the person whose account you seek to levy. Once you obtain the judgement, you need to submit wriiten interrogatories to the bank where the debtor has an account. Once those are returned to the court, you need an order to appear and a hearing in the court where you obtained the judgement so you can ask for an order attaching the account.
As to a deposit, there are statutory restrictions on seizing a renter's deposit. You are required to within 30 days of moveout (assuming no default) to provide a written itemization of all damages along with receipts for cost of repairs before you can legally take the money. If the issue is non-payment. you may file suit and ask the court to order the deposit forfeited and setoff against the monies owed you