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Writ of Execution and bank levy

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ebunny

Junior Member
What is the name of your state (only U.S. law)? CA
Hello,I hope someone is able to help me with this and that I am on the appropriate forum section ,was not sure what this would fall under.
I went to my bank last week and saw there was a hold,turns out it was a levy and the next day I got some papers from court stating that and a writ of execution.16 years ago,My sister and I were evicted from an apartment,I don't know how much this can even help me now but we were not even evicted legally,we never got a notice to go to court,just the sheriffs came and locked us out and this same landlord sold our furniture in his thriftshop.
Anyway,here it is 16 years later and without a court date or notice,I have a levy and writ of execution and must file an answer,can someone inform me what kind of files to fill out?Also they took the money out of my joint bank account of my husband and it was his money ,not mine.I am currently unemployed and have no income as well.Thanks for any help!
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? CA
Hello,I hope someone is able to help me with this and that I am on the appropriate forum section ,was not sure what this would fall under.
I went to my bank last week and saw there was a hold,turns out it was a levy and the next day I got some papers from court stating that and a writ of execution.16 years ago,My sister and I were evicted from an apartment,I don't know how much this can even help me now but we were not even evicted legally,we never got a notice to go to court,just the sheriffs came and locked us out and this same landlord sold our furniture in his thriftshop.
Anyway,here it is 16 years later and without a court date or notice,I have a levy and writ of execution and must file an answer,can someone inform me what kind of files to fill out?Also they took the money out of my joint bank account of my husband and it was his money ,not mine.I am currently unemployed and have no income as well.Thanks for any help!
The time to challenge what you considered to be an illegal eviction would have been 16 years ago. Even then, the sheriff would have had to post a notice on your door to give you fair warning that your lockout date would occur 5 days following that posting. I find it very hard to believe that they could just show up at your door to remove you and lock you out, and you knew nothing about it.

That being said, the LL obviously got their judgment, and they would have had to renew it for it still to be valid 16 years later (in CA, the original judgment is good for 10 years and it can be renewed for another 10).

As for the levy and writ of judgment, they LL's collection agents finally found a viable source to collect the money you owe in you and your husband's joint bank account. They do not care whose money is in there - if your name is on the account, then it is subject to levy. Your only recourse would be to challenge the levy based upon a valid legal exemption (if one even exists). And I believe that your husband's money in that bank account is also subject to levy because YOUR name is on the account and it is there and available to you for your use as well.

Lesson to others: if you are thinking of blowing off a judgment, figuring that they will never get their money out of you, think again. This is the PERFECT example. A good collector will keep on you, even when you think they have completely forgotten about the debt. They will make sure they have renewed the judgment so they can still collect it, and then swoop in MANY years later when they find you FINALLY have the money to satisfy the debt and take swift collection action to get what they are owed.
 

ebunny

Junior Member
Thank you Sandy for your reply.My question was how to answer this not how to blow off debts.I do not have a lot of money at all which is why I am posting on a board rather then see a lawyer.If I thought I could make a payment plan with his lawyer then I would do something like that but I have been advised not to call him,everything legal in writing.Yes,what I did say earlier was true..my sister and I were just 19 working hard and supporting ourselves and were given advice to withhold rent because he wouldn't fix things.we were waiting for our court date that came and went without our knowledge so things were NOT done legally and I have no reason to make this up,the only reason I even mentioned it is because once again things seem to happen without our being noticed so it is all very confusing.Yes, the time to challenge all this would be 16 years ago but we were busy trying to find a new home and work and didn't have funds for a lawyer.Just interested in advice not judgment calls
 

ebunny

Junior Member
also,this swooping in...years later is ridiculous.I had $170.00???If anyone can reply basic info,please let me know
 

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