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Bank account levy - little help please

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NotAFanofFresno

Junior Member
What is the name of your state (only U.S. law)? California

Well went to pay bills today and noticed that $11k & change was put in some sort of hold position with my bank account. Called to find out it was Fresno County trying to extract the funds from my account with honestly little to no notice. Long story but ill try and shorten it.

I have been dealing with the CS system for 7 years now and had thougt that i had the wrinkles ironed out of it for the last 4.5-5 years and then this. When the origional court order was obtained there was alot of question because of the questionable mother in the case, so no payments were sent to her till this was all settled legally thru the system. So i had about a year of backed support and interest that was due, i was 18-19 at the time and working mediocre jobs at best but paid as often as i could as to keep out of trouble from the law. I would think i might have missed once maybe twice in a year at worst within the first 2 years. Once steady employment and a career path was set for myself i have paid faithfully every month my monthly obligation as well as an extra $50 toward my arears balance for the last 4.5 years easy with bank online transactions to prove payments. My backed amount due is $11k & change, and the only thing i have ever gotten any month was my monthly invoice showing my payment and balances but nothing ever stating a problem with the account.
So i call CS obviously to find out my options and they only advise me of two things, PAY or i can be credited back $3500 and best and the rest is still gone. This is not an option for me as i have two things going on at the moment that makes this even more difficult. One for the first time in my life im buying a home, while its cheap and rates are low... saved and saved my whole life and fianlly can try to make it happen even with this monthly obligation and they strip me of my down payment money. And two i just filed my tax returns for 2006, 2007, 2008 (i know i know) about 4 months ago and im waiting on my nice $30k bill to come in the mail anyday now. So i have an obligation to pay to the IRS that is due any day now, as well as a contract in on a home and this obviously hinders up much of this as $11k is not a drop in the bucket. Just when i thought i was getting ahead juuuust a bit.
I have read that my options are to file a form of a dispute toward this levy on my account. Something in the form of a "Writ of Exemption". As this might be my only effort to help resolve my problem with CS coming into my bank account. I have much supporting information with all my dates and documents in line with my taxes as well as my home offer as well as ALL my payment information on not only my monthly obligation but small amounts toward the back balance as well. I was always told that as long as i am holding my monthly obligation that i would be fine and this is exactly what i have been doing and then some, with the extra amount i pay (its not much but its something).
With all that said i have a few questions in hopes that somebody might field these:
-Is the dispute toward the levy in fact called a "Writ of Exemption"?
-Is this the only form of action that i may take in an effort to keep this from taking place?
-Am i in line with guidelines of some sort as i have been doing everything short of stroking an $11k check to CS to cover the back balance but who can really do that without feeling it right?

I have read and read and read all day on this topic and i have come to the conslusion that i will be taking a 6 hour trip from Vegas to Fresno, CA in an effort to do anything i can to stop this from happening as i have had my phone on hold for 3.5 hours for the county and all i get is transfered. So any helpful insite and information is apprecaited as i need it, i am no legal pro nor have i ever had to tackle something of this sort other than "yes sir i can afford that amount" and off i went. Thank you in advance for any help anybody provides.
 


Proserpina

Senior Member
There's a difference between "little notice" and "no notice".

Which was it?

Who told you that as long as you were paying something, you'd be ok?
 
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CourtClerk

Senior Member
-Is the dispute toward the levy in fact called a "Writ of Exemption"?
It's called a Claim of Exemption
-Is this the only form of action that i may take in an effort to keep this from taking place?
Yes, however, none of the funds are exempt, so prepare for your claim to be denied.
-Am i in line with guidelines of some sort as i have been doing everything short of stroking an $11k check to CS to cover the back balance but who can really do that without feeling it right?
Your FIRST priority is to pay your support obligation, to current, when you are able to. Not to save up and buy a house. So long as you have an arrearage, they have the right and ability to collect on it.
I have read and read and read all day on this topic and i have come to the conslusion that i will be taking a 6 hour trip from Vegas to Fresno, CA in an effort to do anything i can to stop this from happening as i have had my phone on hold for 3.5 hours for the county and all i get is transfered. So any helpful insite and information is apprecaited as i need it, i am no legal pro nor have i ever had to tackle something of this sort other than "yes sir i can afford that amount" and off i went. Thank you in advance for any help anybody provides.
You have absolutely no legal basis for CSSD to turn over the money.
 

NotAFanofFresno

Junior Member
There's a difference between "little notice" and "no notice".

Which was it?

Who told you that as long as you were paying something, you'd be ok?
It was no notice of the levy. It was initiated at my bank on 6/9/09 and the only reason why i saw it was because i went to pay my monthly bills this morning. Had i not of done that i would have never known. No notice from the court in regard to it. The last person to tell me that i was okay on the support scenario was approximately 5 years back when i moved to Vegas. I spoke to a woman there and informed them of the relocation and the new job, which at that time i mentioned a letter i got from the county speaking about possible levy of accounts if the balance wasnt paid. At the time i didnt have the funds available and called the court also about this in fear and asking for what to expect. This is when i was told that the most important issue was the monthly liability and then if i could begin to work toward paying off the back amount which i then began doing from that moment on (the extra $50) every month.


CourtClerk
I thank you for the information about the details of my scenario. This is helpful and pretty much put into prospective what i already was aware of from reading online information. I will still make the trip and try to see what becomes of it as if i dont do a thing, 100% of the time nothing will change but if i make an effort you at least have a 1%< of something coming out of it. And a chance at this point is better than nothing.

As for the comment about kids gotta eat first, believe me i know this. The exact reason why i pay faithfully every month for the child to be taken care of, its just hard to believe that even though you do what is told to be the correct thing and try to move on with your life that i get stuck with this at such timing its scary. Ugh... i know life could be so much harder, no job, bad health and such so i can be thankful for alot everyday but still it was so hard to save up all that money.
 

CourtClerk

Senior Member
If nothing else, rest assured that the mother of your child and your child will greatly benefit from the money you have owed them for so long. For all of that time that she raised YOUR child without adequate financial help (plus interest). I find it funny when people say things like I send what I can when I can, or I just missed a payment or two a year. I wonder how many times during the month you ate during those months that people didn't pay support. Chances are they didn't miss a meal at all, however, they never think that their own flesh and blood MAY miss one.

Court orders NEVER say pay what you can when you can and they never say, pay the arrearages forever. At $50/mo, your $11000 debt isn't getting any smaller at all accruing 10% interest a year. In fact, it's probably an interest only payment which means you are NEVER making a dent in the amount... at all. While you're saving up to buy a house, you should think about paying off all of your bills. Past due child support being one of those bills.
 

Proserpina

Senior Member
I spoke to a woman there and informed them of the relocation and the new job, which at that time i mentioned a letter i got from the county speaking about possible levy of accounts if the balance wasnt paid
There we have it - you were notified of a potential levy. That notice you received is informing you that unless A happens, they will do B. That is, in some instances, all the notice that they have to give you before they act.
 

NotAFanofFresno

Junior Member
There we have it - you were notified of a potential levy. That notice you received is informing you that unless A happens, they will do B. That is, in some instances, all the notice that they have to give you before they act.
This much i figured already, even though i was told what i was when i questioned this notice. It is what it is.

CountyClerk
Your delivery is as direct as can be which i can appreciate, but you are starting to go off topic here. Your making assumptive statements on my personal scenario without any real knowledge of what has gone on and the parties involved. Its a online forum and it will happen but your statements of inadequate finances, and people not eating, etc etc are well off topic and can be saved for somebody else who might actually engage you in that conversation. BUT i thank you for the information you have passed anyway.
 

Proserpina

Senior Member
This much i figured already, even though i was told what i was when i questioned this notice. It is what it is.

CountyClerk
Your delivery is as direct as can be which i can appreciate, but you are starting to go off topic here. Your making assumptive statements on my personal scenario without any real knowledge of what has gone on and the parties involved. Its a online forum and it will happen but your statements of inadequate finances, and people not eating, etc etc are well off topic and can be saved for somebody else who might actually engage you in that conversation. BUT i thank you for the information you have passed anyway.
CC has a very valid point.

And the comments weren't off topic, really.
 

StampGirl

Senior Member
This much i figured already, even though i was told what i was when i questioned this notice. It is what it is.

CountyClerk
Your delivery is as direct as can be which i can appreciate, but you are starting to go off topic here. Your making assumptive statements on my personal scenario without any real knowledge of what has gone on and the parties involved. Its a online forum and it will happen but your statements of inadequate finances, and people not eating, etc etc are well off topic and can be saved for somebody else who might actually engage you in that conversation. BUT i thank you for the information you have passed anyway.
Umm... they were most certain ON TOPIC. Look... obviously it looks and sounds like you don't see "the child" at all. Fine. Pay your support. When you don't pay your child support, that means the OTHER PARENT is paying all the bills for YOUR child.

The reality is yes they might have missed a meal or two because you didn't pay or worse. Fact is that they went without while your slush/house fund grew stronger. How nice to see a "parent" put their own savings account ahead of child support? Drives me crazy to see this.
 

Proserpina

Senior Member
Agreed; the welfare of the child/ren comes way, way before saving for a house, a car, anything.

That's the priority. As it should be.
 

Zigner

Senior Member, Non-Attorney
Folks, the guy is $41,000 in the hole (before the levy, of course). All his talk of being an upstanding citizen means squat!
 

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