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  1. #1
    j3nnifer is offline Junior Member
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    Bank Account Levy- what can i do??

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


    About 3 years ago i defaulted on my credit card missed payments because i lost my job. About a year later i was served with papers to go to court for the debt, which i did and set up a small payment arrangement. Around middle of last year i missed a payment in my payment arrangement in which the lawyer office filed to have my wages garnished, which wasn't possible because i was working about 1 day every 2 weeks and not making enough for them to garnish. Last Tuesday i noticed my bank account was emptied (which was only 50.00 as i don't keep much in it) and my savings account had 10.00 in it which was also emptied and actually put negative 37.00... I called the lawyers office the next day asking what i could do, they wouldn't account a payment arrangement since the levy was place and told me to wait for a letter i would get in the mail and to call and set up a a payment arrangement.. . I am currently unemployed but i can afford to pay what my previous monthly payment was which was 25.00..... My question is .... 1) Was it legal for them to take MORE money than was in my account which caused it to go negative. and 2) Who do i need to contact, the lawyers office or call the number in the letter for the courts? .... Will it still be possible to make the arrangement?

    Thank you for any advice.
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by j3nnifer View Post
    What is the name of your state (only U.S. law)? Tennessee


    About 3 years ago i defaulted on my credit card missed payments because i lost my job. About a year later i was served with papers to go to court for the debt, which i did and set up a small payment arrangement. Around middle of last year i missed a payment in my payment arrangement in which the lawyer office filed to have my wages garnished, which wasn't possible because i was working about 1 day every 2 weeks and not making enough for them to garnish. Last Tuesday i noticed my bank account was emptied (which was only 50.00 as i don't keep much in it) and my savings account had 10.00 in it which was also emptied and actually put negative 37.00... I called the lawyers office the next day asking what i could do, they wouldn't account a payment arrangement since the levy was place and told me to wait for a letter i would get in the mail and to call and set up a a payment arrangement.. . I am currently unemployed but i can afford to pay what my previous monthly payment was which was 25.00..... My question is .... 1) Was it legal for them to take MORE money than was in my account which caused it to go negative. and 2) Who do i need to contact, the lawyers office or call the number in the letter for the courts? .... Will it still be possible to make the arrangement?

    Thank you for any advice.
    have you fully checked your account? something tells me the banks legal fees were taken out and not one penny was actually given for the debt. which would account for the negative balance.
  3. #3
    j3nnifer is offline Junior Member
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    Yes, i have, i don't use the account much except to pay my bills. On the day it was levied i had 51 and some change in my checking account. Both of the debits say "Legal Order Fee" they took out 100.00 exactly, 51 and some change which was actually in my checking and then the 12.01 which was in my savings, and then and extra 36.07 , which left the savings account negative the 36.07... I called the bank the same day and they told me it was a levy and i was to call a number which was to the lawyers office.

    I'm afraid to actually put money in the account to make it postive but don't want to face the bank charges for it being negative ( will those still be in play in this situation) ... if my account stays negative i believe 7 days they charge me 35.00...
  4. #4
    Proserpina is offline Senior Member
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    Quote Originally Posted by j3nnifer View Post
    Yes, i have, i don't use the account much except to pay my bills. On the day it was levied i had 51 and some change in my checking account. Both of the debits say "Legal Order Fee" they took out 100.00 exactly, 51 and some change which was actually in my checking and then the 12.01 which was in my savings, and then and extra 36.07 , which left the savings account negative the 36.07... I called the bank the same day and they told me it was a levy and i was to call a number which was to the lawyers office.

    I'm afraid to actually put money in the account to make it postive but don't want to face the bank charges for it being negative ( will those still be in play in this situation) ... if my account stays negative i believe 7 days they charge me 35.00...

    If the company had a judgment and your bank allows you to go overdrawn (not every bank will allow that for every account holder), then yes - it seems legit.
  5. #5
    Isis1 is offline Senior Member
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    Quote Originally Posted by j3nnifer View Post
    Yes, i have, i don't use the account much except to pay my bills. On the day it was levied i had 51 and some change in my checking account. Both of the debits say "Legal Order Fee" they took out 100.00 exactly, 51 and some change which was actually in my checking and then the 12.01 which was in my savings, and then and extra 36.07 , which left the savings account negative the 36.07...

    I'm afraid to actually put money in the account to make it postive but don't want to face the bank charges for it being negative ( will those still be in play in this situation) ... if my account stays negative i believe 7 days they charge me 35.00...
    yep. just like i thought. $51.XX + 36.07 + 12.01 = $100.00

    your judgement never got a dime. and your account is on levy for up to 10 business days so monies that are in a postive will get set aside for the judgement. legally, the judgement can't take what's not in there. so putting the account to positive would still stay. as long as the account doesn't go over .00 until the levy is lifted.

    call the creditor as soon as the levy is lifted and pay back the past payments. and hopefully they'll let you start over.
  6. #6
    j3nnifer is offline Junior Member
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    ok thank you for the advice, tomorrow would be 10 days so i'll call the office tomorrow and see if something can be done.
  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by Isis1 View Post
    yep. just like i thought. $51.XX + 36.07 + 12.01 = $100.00

    your judgement never got a dime. and your account is on levy for up to 10 business days so monies that are in a postive will get set aside for the judgement. legally, the judgement can't take what's not in there. so putting the account to positive would still stay. as long as the account doesn't go over .00 until the levy is lifted.

    call the creditor as soon as the levy is lifted and pay back the past payments. and hopefully they'll let you start over.

    Isis, the kids' credit union allowed one of their creditors to take them overdrawn - is that normal?

    (They had/have a "free $100 overdraft protection" thing)
  8. #8
    Isis1 is offline Senior Member
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    Quote Originally Posted by j3nnifer View Post
    ok thank you for the advice, tomorrow would be 10 days so i'll call the office tomorrow and see if something can be done.
    you are welcome
  9. #9
    CourtClerk is offline Senior Member
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    Chances are they didn't take more what was in your account. The bank will only give them what's there.

    What is more likely to have happened is that the bank charged you to process the levy. That will take your account into the negative.
  10. #10
    Isis1 is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    Isis, the kids' credit union allowed one of their creditors to take them overdrawn - is that normal?

    (They had/have a "free $100 overdraft protection" thing)
    i'm not familiar with credit unions.... and their rules. i've actually dealt with what the OP dealt with, so in her circumstance i'm familar with. but that $100 protection might have gotten sucked in by the bank levy fee. depending on what the amount was taken by the judgement itself.

    math problems. what's with the math problems today, LOL!

    ETA: doing some quick googling....the credit protection might be seen as a positive balance....like "play money". sort of. i'm still reading.
    Last edited by Isis1; 03-20-2012 at 12:17 AM.
  11. #11
    Proserpina is offline Senior Member
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    Quote Originally Posted by Isis1 View Post
    i'm not familiar with credit unions.... and their rules. i've actually dealt with what the OP dealt with, so in her circumstance i'm familar with. but that $100 protection might have gotten sucked in by the bank levy fee. depending on what the amount was taken by the judgement itself.

    math problems. what's with the math problems today, LOL!


    Then I shall hush my muffin

    OP, please disregard what I said earlier. I do apologize.

  12. #12
    j3nnifer is offline Junior Member
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    I received a paper today it does seem like its a "bank fee" in the run down of the fees it says " non refundable processing fee" .. However right under it, it says , "We are unable to return the funds to you unless we receive a release from that party or a court order authorizing the release of the funds before the remit date" ....

    My remit date is today and i just received the letter so i've been frantically trying to get someone on the phone at the attorneys office but getting someone in the garnishment department is the hardest part!! ...
  13. #13
    Isis1 is offline Senior Member
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    Quote Originally Posted by j3nnifer View Post
    I received a paper today it does seem like its a "bank fee" in the run down of the fees it says " non refundable processing fee" .. However right under it, it says , "We are unable to return the funds to you unless we receive a release from that party or a court order authorizing the release of the funds before the remit date" ....

    My remit date is today and i just received the letter so i've been frantically trying to get someone on the phone at the attorneys office but getting someone in the garnishment department is the hardest part!! ...

    that is such a standard computer generated letter. there aren't any funds to release.

    relax. breathe. this is standard garnishment procedure. wait til tomorrow to do anything with your bank account.

    call and leave a message with the creditor. call again tomorrow.

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