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Need legal advice on the levy of a personal account


suzm
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Last week when I checked my on-line bank account I discovered that it had been completely wiped out to the tune of over 10K. When I dug a little I found that the debt did not belong to me, but to my husband's business that is incorporated in the state of CA. I need to know if someone can legally go into a personal account without any contact and removed funds. I also need to know how to protect myself and family in the future. Since my name is not on the business account, can someone levy an individual account that is in my name only? If anyone out there can shed any light on my situation I would greatly appreciate it.

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The information is a little incomplete, so I'll give you two answers.

Yes, IF:

1) They sent you a letter stating they were assigned the account, told you what you "owed" and gave you 30 days to dispute the validity of the account(dunning letter)

2) You did not dispute the validity of the debt, and gave them the right to assume the debt was valid

3) You were an owner of the business. Corporations need 3 "owners" to start up...lot of times people just give their wives a share, and their kids a share, and call it the three.

NO, if:

1) You were not an owner of the business, and were not subject to any of the laws regarding the assets or liabilities of the business

2) They did NOT send you a dunning letter

3) The debt was in the process of validation

4) The debt is past the SOL(in California, 3 years)

HOnestly, from the sounds of it...you've got em. But there's undoubtedly a lot of information we're not privy to from this message.

There's not a whole hell of a lot you can do to protect that sort of thing...it's the responsibility of the bank to implant security protocols to avoid illegal withdrawls, but they seldom do anything. First thing I would do is chase the bank for illegally releasing funds without your consent, and with no legal standing on the part of the CA to withdraw. They'll try to give you that blank stare of a dairy cow and say their hands are tied, but that's BS. Gotta ride em.

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