Levy Help

[wdawlaw]

What is the name of your state (only U.S. law)? Virginia

I had a court date on 9/19/09 to have my bank account levied from a credit card company. Today iI came home and had a note from a sheriff saying documents had been prepared for me and needed to be served. He left his # a note saying it was in regards to a Levy. Is this the bank levy or are they now trying to levy my personal property? Why would it needto be hand delivered to me? I am on the deed to my house but not on the loan...can they levy the personal property inside the home? Please help!

[sandyclaus]

Originally Posted by wdawlaw

What is the name of your state (only U.S. law)? Virginia

I had a court date on 9/19/09 to have my bank account levied from a credit card company. Today iI came home and had a note from a sheriff saying documents had been prepared for me and needed to be served. He left his # a note saying it was in regards to a Levy. Is this the bank levy or are they now trying to levy my personal property? Why would it needto be hand delivered to me? I am on the deed to my house but not on the loan...can they levy the personal property inside the home? Please help!

What do the papers say? Were you in court when the levy was ordered by the judge?

If you were present at the hearing, and only the bank account was discussed for levy, then only the bank account will be levied. If you did not appear, then its possible that the court order includes other assets, including the deed to the home or other personal property.

They can't take what is not specifically authorized by the court order.

[wdawlaw]

I was not in court. They had already frozen the account. So, it is possible they asked the court to levy other personal property? I have not yet received the papers. I received a small note saying, "documents have been prepared for you and need to be served, please contact us for service of these documents." The sheriff wrote his # on the paper and in his hand writing said it was about a levy. Can they ask to levy my personal property without my knowledge. I thought the court date was for the levy of the bank account only. It mentionjed nothing about other personal property. What can they take? Are they walking out with my couch, clothes, computer, etc.?? Thanks so much for your time.

[sandyclaus]

Originally Posted by wdawlaw

I was not in court. They had already frozen the account. So, it is possible they asked the court to levy other personal property? I have not yet received the papers. I received a small note saying, "documents have been prepared for you and need to be served, please contact us for service of these documents." The sheriff wrote his # on the paper and in his hand writing said it was about a levy. Can they ask to levy my personal property without my knowledge. I thought the court date was for the levy of the bank account only. It mentionjed nothing about other personal property. What can they take? Are they walking out with my couch, clothes, computer, etc.?? Thanks so much for your time.

So, since you chose not to be in court, there's no telling what assets they will be levying. They may have said they would be taking the bank account, but they may have also requested a levy on other assets. And since you weren't present, you lost the opportunity to make a challenge or even be aware of anything else.

Sure, it's entirely possible your personal property will be up for grabs. And you won't know for certain until the sheriff comes to serve you the papers that detail the court order to levy.

If you had gone to court when the hearing took place, you could have known ahead of time and planned accordingly. Now you must wait for the sheriff to come and start collecting. Nothing you can do until that happens.