Rita

How do I start a bank levy against a judgment debtor? What are other ways to collect money without using a collection agency?

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A judge granted me a money judgment this past year. The case resided in SD and the person that the judgment is against lives in IL. I'd like to place a levy on all bank accounts including the ones she has with Bank of America, as she has the money, but refuses to pay. How do I start such a levy of her bank accounts?  I spoke to BoA.  They provided me with the info how to serve them, but I would like to know which documents they need beside the judgment.  Am I able to start wage garnishments or place a lien on her house without using a collection agency? Thank you!
 
 
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4 hours ago, Rita said:

How do I start such a levy of her bank accounts? 

First you have to domesticate the judgment in Illinois where she is.  Then you have to get a court order for the bank levy.  THEN you serve it on BoA.

4 hours ago, Rita said:

They provided me with the info how to serve them, but I would like to know which documents they need beside the judgment.

You will have to find out from the Illinois courts.  You can't just tell the bank she owes you money you need a court order to seize her bank accounts.  That is assuming the money she has can be seized.  If it is from exempt sources such as disability, SSI, or a pension you cannot seize the account (if the funds are not co-mingled with other money) as up to 2 months worth of benefits are exempt from levy.

4 hours ago, Rita said:

Am I able to start wage garnishments or place a lien on her house without using a collection agency?

Probably but again, you have to follow state law and you will need to use the IL courts to garnish wages.  To garnish wages a writ from the court ordering the garnishment would have to be sent to her employer.  A property lien may only need to be filed against any real estate she owns but you would need to research state law on how to do it.

Even if you get the judgment domesticated in IL you might be required to haul her in to court for a debtor's exam before the court would order garnishment or a levy.  You need to research that as well.

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Thank you for the reply.

37 minutes ago, Clydesmom said:

First you have to domesticate the judgment in Illinois where she is.  Then you have to get a court order for the bank levy.  THEN you serve it on BoA.

Thank you for the reply.  So, even though Bank of America is a national bank, it would require a court order from the state she resides in?  I contacted the IL court and was quoted a fee of several hundred dollars to transfer the judgment to IL.  Would I be able to collect this fee from the judgment debtor?

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30 minutes ago, Rita said:

So, even though Bank of America is a national bank, it would require a court order from the state she resides in?

The bank isn't the issue.  The judgment you have is not from IL jurisdiction so until you have one that is or an order domesticating it there you cannot levy the account.  Because you got the judgment where you are and did not sue her in her state you may also have the added complication of her getting it set aside or opposing the domestication and winning on that point.  You should consult an IL attorney on these matters.

30 minutes ago, Rita said:

Would I be able to collect this fee from the judgment debtor?

You need to research IL law and find out.

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