Bank Levy in California - HELP!!!!

[EAnMBscrewedme]

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

A couple of days ago Mann Bracken got my bank account levied from a judgment earlier in the year. It says that the original creditor was Providian on the judgment but they were acting as "attorneys" for Arrow Financial.

#1 can they sue me for another collection company that was still not the original debtor?

#2 They also attached levy's to my children's bank accounts which I am on. I have read that they can not or should not be able to levy those accounts because my children are a third party and not involved in the judgment.

Can anyone help with these questions?

The money that they levied is our money to exist. It is pretty crappy that with the economy the way it is the would do this. Then again they don't really care anyway!

Thanks in advance for the help!

[Wirelessany1]

[quote=EAnMBscrewedme;2075947]What is the name of your state (only U.S. law)?

#1 can they sue me for another collection company that was still not the original debtor?

Yes they can. The original creditor is afforded the right to have counsel equal to you.

#2 They also attached levy's to my children's bank accounts which I am on. I have read that they can not or should not be able to levy those accounts because my children are a third party and not involved in the judgment.

If your name is on those accounts then what they've done is completely legal.

The money that they levied is our money to exist. It is pretty crappy that with the economy the way it is the would do this. Then again they don't really care anyway!

Moral judgements aside (and the seniors here know that's a tough one for me), I agree, yes, it is pretty crappy that you didn't pay your debt as agreed and that they had to resort to suing you.

[Chien]

#2 They also attached levy's to my children's bank accounts which I am on. I have read that they can not or should not be able to levy those accounts because my children are a third party and not involved in the judgment.

Wirelessany1 isn’t wrong; it’s legal to seize, if your name is on the account. It’s just that you also may be right and funds in your children’s accounts may be susceptible to being protected by third party claims of exemption. With no other information provided, there are too many possibilities to speculate on your reason for thinking that this may be relevant for you (trust funds, inheritance, support, wages but you’re guardian ad litem etc. etc.). But, if you’re not simply putting your non-exempt funds into something you call “the children’s account”, if the children have a legitimate claim of ownership, for whatever reason, you need to look into your exemptions and a third party claim being asserted.

If you’re uncertain, see if your court has a self-help advisory or talk to Legal Aid or possibly get a free consultation from your local Bar Association.

Unfortunately, if there are assets that qualify, there isn’t a court form to file to assert the claim. This site will provide an adequate explanation of what is needed. If assets qualify, don’t delay.
[url]http://www.alamedacountysheriff.org/CWS/civil.htm[/url]