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This pertains to California--- Hi All! Its been a while since I have posted and I hope that you are all doing well! My original thread prior to a judgment being filed against me by GFCS, INC. is on a post on this site as well. I received two letters from ‘the KERN COUNTY SHERIFF-CORONER PUBLIC ADMINSTRATOR Civil Section’ this week which included Notices of Levy. I would really appreciate a bit of guidance on how to proceed with this. I will list the letter’s contents being as brief as possible, yet detailed. Thank you in advance for any assistance!! Note: a. Both letters are exactly the same with the exception of the “Garnishee listed” b. according to my case summary this case status is: 'disposed by judgment' Page 1 1. Notice of Levy a. PLAINTIFF is listed as ‘GFCS, INC etc. and DEFENDANT is listed as ’ my name etc ‘ in all small letters (NOT ALL CAPS) b. under Writ of ‘Execution (Money Judgment ) c. TO THE PERSON NOTIFIED (name): ‘my name ,aka, and address in all small letters NOT all caps) d. The judgment creditor seeks to levy upon the property in which judgment debtor has an interest and apply it to the satisfaction of a judgment as follows: ‘Levy on any and all accounts in the name of the judgment debtor. Do not levy on any trust accounts.’ e. Lists the amount necessary to satisfy the judgment f. You are notified as: ‘a judgment debtor ‘ g. At the bottom it states: Notice of Levy was mailed on (Date): 01/31/14 Delivered on (Date): 01/30/14 Signed by: ‘Sheriff’s Authorized Agent- displays signature designated as ‘Levying officer’ h. Garnishee: lists bank i. ‘DONNY YOUNGBLOOD – Sheriff-Coroner Page 2 1. WRIT OF EXECUTION a. Limited Civil Case b. To the Sheriff or Marshal of the County of ‘KERN’ c. To any registered process server: ‘You are authorized to serve this writ only in accord with the CC 699.080 or CCP 715.040 d. GCFS, INC., a California corporation – ‘judgment creditor’ e. Judgment debtor(name, type of legal entity stated in judgment of not a natural person, and last known address: ‘lists my name, aka, address in ALL CAPS f. Judgment entered: ’ 04-02-13’ g. Notice of Sale under this writ: ‘has not been requested ‘ h. Total judgment with subtotals etc. i. Issued on (date) : ‘Jan 07 2014’ (Stamped) j. Clerk by: ‘two signatures and one stamped name’ Page 3 1. EXEMPTIONS FROM THE ENFORCEMENT OF JUDGMENTS a. Lists two pages of just that.. exemptions from the enforcement of judgments What I realize is that there was no separate “Proof of Service” form sent with these letters like this one http://www.courts.ca.gov/documents/pos040.pdf and am wondering if, initially, a motion can be filed against them for not sending proper proof of service. I should also point out that I did not go to the Meet and Confer. I cant remember exactly why. I may have been sick… its been that long ago… I do remember that the court originally handling this case was changed during that time as well. Please let me know your thoughts on the next steps that I should take. Thank you all in advance for assisting me with this. God bless ~ Have a Great Day! ~ Shelbee
I'm in Florida. I had a lien put on my car four years ago from Hiday and Ricci (also Gerard Services assignee of First Select) for an old 1999 default judgment. The debt was 6k but with 10% interest is now 16k. The car is worth 13k. Well, I finally paid off the loan on the car. Now they just repossessed the car by Sheriff's levy. Maybe I can get the judgment set aside? I can get an affidavit from the person they claimed they served in 1999 that they never did proper service and maybe try to get the judgment set aside. I can't find out from them who the original creditor was but I did request validation of all my accounts by certified mail back then. I was hit by identity theft so I did what I was told. I also had my driver's license flagged by the Attorney Generals office. Back then our local police were referring these cases to them. But that was a long time ago. As far as exemptions go I think Florida only gives a $1000 exemption but I might be able to claim an extra $4000 if I remember correctly. Also I can't find that they filed a judgment lien certificate either. Any ideas what can be done? Sorry I'm sort of reposting. I just got more information so I'm updating my original post.
I lost a judgement to Discover about two years ago for around $4,000 plus attorney fees, and nothing has ever come of it. I think I got one letter after the summary judgement asking to contact them to negotiate, and once last year saying you can use your tax refunds to negotiate a payment, and that's been it. No other contact. In the meantime, I've basically kept my bank account as low as possible, only putting money in to pay electronic transfers on my car insurance and stuff. I've been recently saving money though, and am collecting a nice pile of paychecks that I have yet to deposit or cash for fear that at some point they could place a levy on my bank account and take it. I've also been sued by a junk debt buyer in the meantime over a different debt, and have seriously been considering declaring bankruptcy. My question is, is there any safe alternatives for me to keep my money safe from levies besides storing cash? Which also isn't safe, since someone could rob me and I would be out of everything. I'm not sure the exact method in which someone who wins a judgment gets a levy. Do they just ask a bank if someone with my name has a bank account with them, the bank gives them the info, and then they place a levy on the account? I've heard of prepaid debit cards as a good alternative, but couldn't they do the same exact thing with one of these as well? I've read the only state in the US where bank levies are illegal is Delaware, so I wonder if I could safely open an out of state account and deposit money there. If anyone has any advice, it would be appreciated. I've been pretty much tortured and anxious over all this lately ('ve been up all night actually), because I'm finally starting to turn things around and save some money, but feel like I'm trapped because of this judgment and don't want to lose my entire savings from work. Thanks for the help.