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Old 12-18-2008, 11:22 PM
 
Location: Back in New York
1,105 posts, read 2,547,778 times
Reputation: 811

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I currently have a levy on my checking account. Fortunately I emptied it before this happened. Unfortunately though there was $1 left in my account so it never closed and now I got this levy on there. I was sued but I ignored the letters so it is completely my fault. I was told by the bank to contact this attorney about the levy. How would I go about getting this levy lifted? What should I tell the attorney? I am unemployed at the moment so I cant offer to even to make a payment. Should I ask the attorney for the creditors info and deal with them directly?
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Old 12-20-2008, 09:44 PM
 
Location: Somewhere over the Rainbow
621 posts, read 2,292,543 times
Reputation: 405
Are you on unemployment?? Does it go directly into your account?? If so then you can have the levy taken off. Contact the court officer who handles the collections on judgements. Let him know you are unemployed. You will have to fax him proof. It will take a while but the levy will be removed. The bank can remove it because they know unemployment benefits are exempt. It will be a long process and it may only work if your unemployment benefits are direct deposited into your account. Good luck I know its tough and to tell you the truth no one (meaning the court officer, lawyer, bank, etc.) cares that you can't afford to pay. They just want the money.
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Old 12-26-2008, 12:18 AM
 
Location: Back in New York
1,105 posts, read 2,547,778 times
Reputation: 811
I am going to be back working soon off the books. I like to keep an account with some money in it though so I dont have heaps of cash on me. I was told by a friend we could open a joint account and she could use her soc sec# and they would not be able to find the account. While I am working out this levy I might try that.

I just wish I knew how to go about getting this levy off w/out hiring my own lawyer.
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Old 12-26-2008, 08:37 AM
 
Location: Somewhere over the Rainbow
621 posts, read 2,292,543 times
Reputation: 405
You don't have to hire a lawyer to get the levy off. Pay the judgment and they will take it off. I believe you can keep up to $100 in the account without them taking it out and you can have access to your money. Contact the court officer and see if you can pay $100 or so per month. You don't want to deal with the lawyer who put the levy on your account because he or she will probably want more money per month and will add on additional money owed to the ending balance.
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Old 02-03-2010, 10:33 AM
 
1 posts, read 104,326 times
Reputation: 28
If you owe a banks credit card company the bank will take the money from your checking account. They will not get a court judgement...Chase bank even keeps my cgecking account open and takes all deposits and calls it a service fee...
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Old 02-03-2010, 02:09 PM
 
Location: Portland, Oregon
7,090 posts, read 7,232,253 times
Reputation: 4031
Wait...so you admit to tax evasion, then ask advice to get out of a civil judgement you are currently attempting to evade?

Um, you might want to hire a lawyer anyways. I predict if you get some one's attention you will need it.
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Old 02-04-2010, 06:58 AM
 
Location: 23.7 million to 162 million miles North of Venus
1,475 posts, read 1,965,503 times
Reputation: 1411
Quote:
Originally Posted by CleanCutHippie View Post
I am going to be back working soon off the books. I like to keep an account with some money in it though so I dont have heaps of cash on me. I was told by a friend we could open a joint account and she could use her soc sec# and they would not be able to find the account. While I am working out this levy I might try that.

I just wish I knew how to go about getting this levy off w/out hiring my own lawyer.
If you are not going to pay the judgment then the best thing for you, and your friend, is for you to deal on a cash only basis and learn to live without a bank account. If you need to pay someone by check then you would have to purchase money orders and use them instead of bank checks. If you open a joint account with your friend, and your friend is the primary, be aware that they will find that account ... it is easier than you think for them to find that info. If your friend has any funds in that account then your friend will lose her money. She can file a petition with the court to have her portion returned but she will need to prove that the amount she is claiming is hers before they will return it. You should leave your friend out of your problems so you don't create problems for her.

There is no set amount that is safe with the exception that they cannot take out the full amount that is in the account making the account be closed for lack of funds. If your bank requires at least $1 in the account to keep the account open then they cannot touch that $1. But if you have $1.01 in the account then they can take that .01 cent.

A levy isn't permanent and eventually it will fall off the account, though they will always have the option to renew the levy for as long as the judgment is active.

eta, if you live in NY and the judgment was granted in NY or domesticated to NY then they will have the next 20 years to try to get the money from you. That's a long time to try to live off the grid, and, the judgment interest will also be adding up.

Last edited by berdee; 02-04-2010 at 07:09 AM..
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Old 02-04-2010, 08:03 AM
 
Location: Baltimore
1,749 posts, read 4,495,281 times
Reputation: 1610
Quote:
Originally Posted by subsound View Post
Wait...so you admit to tax evasion, then ask advice to get out of a civil judgement you are currently attempting to evade?

Um, you might want to hire a lawyer anyways. I predict if you get some one's attention you will need it.
Ditto...and based on your situation maybe you should look for an attorney that specializes in criminal rather than civil matters.
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Old 03-16-2010, 05:11 PM
 
1 posts, read 103,598 times
Reputation: 21
A levy was just put on all my accounts in Chase and they did keep all the money that I had. They made all my accounts zero balance. The court officer was no help to me at all. They told me that I had to call the lawyer. The lawyers are Pressler and pressler. They are sharks. I made an arrangement with them to pay 200.00 per month and they still wont release the levy. I was told by these lawyers that in spite of paying 200 per month, they were going to als garnish my pay. I am beside myself because they literally took every penny I have. I don't even have money for food. So I am going to court tmrw to file a motion and ask the judge to please lift the levy or at least give me some money to buy food. So court might be an option for everyone.
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Old 03-17-2010, 01:31 AM
Status: "Partially taking all the blame" (set 25 days ago)
 
Location: Tampa, Florida
11,005 posts, read 10,014,434 times
Reputation: 5929
Quote:
Originally Posted by lauriejcris View Post
A levy was just put on all my accounts in Chase and they did keep all the money that I had. They made all my accounts zero balance. The court officer was no help to me at all. They told me that I had to call the lawyer. The lawyers are Pressler and pressler. They are sharks. I made an arrangement with them to pay 200.00 per month and they still wont release the levy. I was told by these lawyers that in spite of paying 200 per month, they were going to als garnish my pay. I am beside myself because they literally took every penny I have. I don't even have money for food. So I am going to court tmrw to file a motion and ask the judge to please lift the levy or at least give me some money to buy food. So court might be an option for everyone.
How long have you been paying them $200 a month? Can you document these payments?

If it's more than 3 months of payments, you probably wouldn't have much trouble arguing that there was a "meeting of the minds". There is a legal term for this, but I'm drawing a blank right now.
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