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CA My Bank accounts levied without notice


Marlon707
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This is my first post as I need advice on what steps to take. I had no idea where the levy came from and had to search public record since BofA was not very helpful. Turns out an old creditor was able to get judgment for $8,XXX. We had no idea this was happening. I have had two joint accounts levied all the way down to $0.00.

 

Two accounts levied for a total of about $2k on 8/6/14

Levying officer LA County Court or Solano County Court (public record shows Solano while bank shows LA County)

Money held till 8/18/14 according to my bank

I have cancelled all direct deposits to all accounts

Have family to support

I have called the atourney to arrange payments (Nelson and Kennard) and they say they will keep levying until satisfied

Debt is in its 7th year

I have filled out CA forms EJ-165 (financial statement) and EJ-160 (claim exemption) but dont know if I should be

We live in Solano County in California

 

Can they levy me even if I have not been served anything? What can I do from here to get that money back?

 

This is what I found in public record... http://courtconnect.solanocourts.com/courtconnect/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=FCM121325&begin_date=&end_date=

 

Thank you in advance.

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At some point Razor Capital sued you.  You cannot look at the online docket you will need to go to the courthouse and review the entire case file.  If they used sewer service and got a default judgment by lying to the court you may have a chance of getting it set aside.  

 

Yes, they can levy the account without notice if they have a judgment.  The question you have to answer first is how they got the judgment.

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If you were never served (even though the online docket says personal service was done), you should be able to get the judgment vacated. 

 

The plaintiff, Razor Capital, is, as far as I know, a JDB.  So if you get the judgment vacated, you should be able to beat them, if you do a lot of reading here.  I would NOT try to arrange any payments with the JDB or their attorney. 

 

I would suggest that you contact a consumer attorney, as you may be able to sue the JDB and the attorney for violating your rights with "sewer service."

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Thanks for the replys. What is "JDB"? Is there anywhere on here I can look up the accronyms used? Nevermind I looked up JDB... Junk Debt Buyer!

 

Other than going the route to try and vacate the judgment for not being served, is there anything I can do since I was basically put in a hardship? I was trying to figure out if anything they levied was exempted but since wages are direct deposited I assume its fare game to levy.

 

Can anyone point me in the directions on what docs I need to obtain and file?

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Are you employed, on disability, or SS? If your not employed you can stop them in their place as those other incomes they can not touch. If you are employed and you cut them off at the bank they will then try to garnish your income. Only TX they can not, but as far as I know all other states they can. They will also try and seize your property. Look up your states BK laws and look at the exemptions, that should be about what you can stop them from getting. While on the subject of BK, that will stop them cold and get your money back if you qualify and want to go that way for a BK 7. Good luck.

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Only TX they can not, but as far as I know all other states they can. 

 

NO.  There are a total of four states that do not allow wage garnishment.  Texas is but one.  The others are North and South Carolina along with Pennsylvania.  Unfortunately California DOES allow wage garnishment.

 

In your case the creditor went straight for your bank account because there is no limit on how much of that they can take with a levy but a wage garnishment is limited to 25% of your after tax income.  

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