Legal Question in Banking Law in North Carolina

I used to live in US. But I left some years ago and I am no longer a resident there. However, I kept my bank account there. Two days ago I saw on my online bank that there is a hold on my account because of court order, something about bank levy. The bank wont tell me because they say a letter has been sent to me here.

How can I challenge the court order while I no longer live in the US and will be very expensive to come there in person?


Asked on 9/15/12, 5:15 am

1 Answer from Attorneys

You can't challenge the levy. If there is a levy, it means that a judgment was entered against you for something, like non-payment of a debt. You can challenge the judgment if you have grounds to do so, but they are limited. Also, a judgment can be challenged only within one year after it hs been entered absent certain circumstances.

What I would do is contact the clerk of court in the county where the judgment was entered and get a copy of the court file. Since you are out of the country, you may wish to contact a lawyer who practices in the county to pull the file and review it for you.

The fact is that unless the judgment is vacated or stricken and unless the funds in the bank were subject to some kind of exemption (like Social Security, SSDI, worker's comp. or VA benefits), then those funds are gone. You should never have left an open bank account in the US if you had outstanding financial obligations.

When you say you bank online do you mean an actual online bank or do you mean a regular bank (like Wells Fargo, PNC, Bank of America, etc. which has branches in NC) and which gives you online access?

What is the judgment for?

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Answered on 9/15/12, 7:36 pm


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