Legal Question in Credit and Debt Law in North Carolina
The city I live in is connecting to county water. We didn't want county water because we have a very good well. The city says we have to pay a water assessment fee even if we don't want it. Now they have placed a garnishment on my personal checking and savings before giving us notice. Is that legal in North Carolina?
1 Answer from Attorneys
Assessments run with the land and you are liable to pay whether you want the water or not. Municipalities have remedies available that ordinary creditors don't - I checked the statutes and the city is allowed to make the assessments. It says that they can foreclose on the lien for the assessments and they can reinstate their allowing you to pay in installments. There is nothing in there about levying on your bank account.
You claim lack of notice and I find this difficult to believe - there is a progression of events. The city msut have sent you bills for the assessment which you ignored/refused to pay and when these efforts failed, did they sue? If the city recovered a judgment against you, then they could legally levy on your bank account and they would not need to tell you that they are doing so. Think about this - if creditors advised debtors of their intent to levy on bank accounts, everyone would immediately pull their money out of the bank.
Why don't you talk to the city and see if the city will allow you to resume installments until the assessment is paid? It is my opinion that you are stuck with the assessment. However, I do not do this kind of work and you are welcome to get another opinion from a real estate litigation attorney.