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Attorney requested bank levy before income affidavit was due

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Legal4617

Junior Member
I have been paying $200 faithfully on a judgement, however lawyer sent out a request for a new income affidavit. Due to family issues I saw it late. The letter was dated 1/24, I had two weeks to comply, which would be 2/7. On 2/14 my bank account was levied. When I called the attorney to discuss, he inadvertently mentioned he filed the levy request on 2/5. Was he allowed to do that, or can I know turn around and sue him?
 


quincy

Senior Member
I have been paying $200 faithfully on a judgement, however lawyer sent out a request for a new income affidavit. Due to family issues I saw it late. The letter was dated 1/24, I had two weeks to comply, which would be 2/7. On 2/14 my bank account was levied. When I called the attorney to discuss, he inadvertently mentioned he filed the levy request on 2/5. Was he allowed to do that, or can I know turn around and sue him?
What is the name of your state?
 

Taxing Matters

Overtaxed Member
I have been paying $200 faithfully on a judgement, however lawyer sent out a request for a new income affidavit.
Do you have actual written agreement for paying off the judgment, a simple verbal understanding that’s what you will pay, or what? And in what state is the judgment.

Was he allowed to do that, or can I know turn around and sue him?
It is not likely that you may sue the lawyer. You might, however, be able to get the levy lifted if the attorney was not allowed to send it out.
 

Legal4617

Junior Member
I'm in NJ. I had a written agreement with tiered payments. $50/month for two years, $200/month after to pay $14-15k of a $26k debt. Unfortunately when the payment tiered, I couldn't make it, and like an idiot did not call them, that's when they got the judgement against me. When that happened, I worked it out to start paying the $200, and have it agreed to in writing, however with the stipulation to revisit after (this past) New Years.
 

quincy

Senior Member
I'm in NJ. I had a written agreement with tiered payments. $50/month for two years, $200/month after to pay $14-15k of a $26k debt. Unfortunately when the payment tiered, I couldn't make it, and like an idiot did not call them, that's when they got the judgement against me. When that happened, I worked it out to start paying the $200, and have it agreed to in writing, however with the stipulation to revisit after (this past) New Years.
Thank you for providing your state name, Legal4617.

The new payment arrangement was not court-ordered?

Because the lawyer has a judgment, the attorney can enforce it in any way allowed by law. I do not see that you have any reason to sue him. Were you thinking there might be a breach of contract or something?
 

Legal4617

Junior Member
Thank you for providing your state name, Legal4617.

The new payment arrangement was not court-ordered?

Because the lawyer has a judgment, the attorney can enforce it in any way allowed by law. I do not see that you have any reason to sue him. Were you thinking there might be a breach of contract or something?
If the affidavit was not legally due until 2/7, how can he legally request a levy TWO DAYS before it was due?
 

Zigner

Senior Member, Non-Attorney
If the affidavit was not legally due until 2/7, how can he legally request a levy TWO DAYS before it was due?
Because he was collecting using the old information that was already on hand. Asking you to update your information doesn't mean he can't utilize prior information.
 

LdiJ

Senior Member
Because he was collecting using the old information that was already on hand. Asking you to update your information doesn't mean he can't utilize prior information.
It didn't even necessarily mean that he used old information. He could have just now found the bank account.
 

Zigner

Senior Member, Non-Attorney
It didn't even necessarily mean that he used old information. He could have just now found the bank account.
You're right. My prior post would have been bettered stated as follows: The creditor simply used information that was already otherwise available to him, so the updated information was no longer needed.
 

FlyingRon

Senior Member
You're right. My prior post would have been bettered stated as follows: The creditor simply used information that was already otherwise available to him, so the updated information was no longer needed.
Or perhaps he was hunting for ADDITIONAL things to attach/garnish/etc..
 

quincy

Senior Member
Or perhaps he was hunting for ADDITIONAL things to attach/garnish/etc..
I suspect that was the attorney's intent.

A new affidavit could have allowed Legal4617 to show an inability to pay the increase, too, and the lawyer might have considered reworking the agreement and rolling back the $200/month payment.

A failure by Legal4617 to contact the lawyer when he knew he could not pay $200/month, and his failure to respond in a timely fashion to the lawyer's request for updated information, was a big mistake.
 

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