Excessive Bank Levy

[RogerC39]

I live in California.

 

I had a judgment against me, with an outstanding balance as of April 1, 2013, of $4100.

 

While I had been making payments under an arrangement, the creditor nevertheless filed a writ of execution for that amount on April 12.  I was served shortly thereafter.

 

A few days later, they levied my account for approximately $100.

 

I continued to make payments pursuant to our arrangement, and have since paid approximately $2000. 

 

Last Friday, August 9, they levied my account for $4100.  Even though they knew that the outstanding balance had been reduced through my payments and the prior levy to around $2000, they still levied the full amount that was due when they filed the writ of execution.

 

In talking to them today, they acknowledge that they will be significantly overpaid, as they also acknowledged that the total amount due is around $2000..  (They obviously have not yet received any of the levied funds.)  Their response is that they will eventually refund the excess to me, but that it may be a few months given the potential delay in the Sheriff's office processing, as well as their own internal processing delays.

 

Since the bank has frozen those funds, I suggested that they contact the Sheriff's office and inform them of the true outstanding balance, so that the bank can release the excess amount.  They said that was not possible.

 

I've contacted the Sheriff's office, and they've said that it is a "no no" to submit instructions on a levy for an amount on a writ that you know is no longer accurate, but that the Sheriff's office will not do anything about it.

 

I'm looking to see how to free up that $2000 that is in excess of the amount owed as soon as possible.

 

Any suggestions?

 

Thanks.

[Guest usctrojanalum]

First, I'd inquire as to why the judgment creditor can't have the execution withdrawn and then have them serve an amended execution.  Second, I'd bring court action to have the writ vacated based upon the fact that it was brought in the wrong amount and you have made payments reducing the balance.