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Illegal bank levy seized money in violation of state law

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CALIFORNIA STATE

I am the father in the a child support issue. The child support agency recently seized and removed more than $10,000 from my bank account. I filed objections on the grounds that the seizure was illegal because in California the State may not seize money that was awarded to someone in a personal injury award, and that this money is exempt. As mine was exempt for this reason. Since the agency already removed the money, and the levy is no longer there (since the money has been taken), my only recourse is to go to court presenting claims that the agency ignored state law when it seized the money. I filed a civil lawsuit in the superior court and during the proceedings the county government attorneys offered me a settlement which was about half of the money they took from me. I agreed to accept the settlement deal, via email confirmations, and I abandoned the lawsuit and the case was dismissed. For the next 5 months, I recieved numerous upon numerous excuses as to why the county attorney could not make an appointment and had to post poned the meeting where I would sign documents and recieve the settlement check. After the 5th month, on the day we had agreed I was supposed to come down to his office to sign the paperwork and get the check, the government agency attorney switched up and said that he has a new boss now, and this new boss is more strict than his other one, and they both agree that they should no longer give me any money at all. It has been two weeks and he has not returned any phone calls or emails or explained anything else. So, backing up a bit, during one of the court hearings, the judge made a comment that he wasnt sure if my case should have been filed in the superior court, but instead, perhaps, was a family court matter? The Judge said he would do some research on the matter, but I abandoned the case before the next hearing because of the settlement deal between the two parties. I could theoretically refile the case in the same court, or perhaps family court, but the statute of limitations to pursue the case has expired. I am believing I have grounds to file the case anyway, since the opposing party failed to live up to its end of the bargain which resulted in the dismissal of the first case? But I don't know which court this should be filed in?

MY QUESTIONS ARE AS FOLLOWS:

1.) DOes this seem like more of a civil superior court civil action for money that was illegally seized by the child support agency in violation of state law? Or would it be better filed in family court before a commission or Judge in that venue?

2.) In my complaint, I am raising several Federal law claims which challenge the constitutionality of the process by which the money was seized in violation of the law and my rights under equal protection and due process (14th Amendment) and discrimination because I belong to a particular class of individuals etc. WIthout addressing the merit to these federal claims and assuming that they are valid and will be successful, because of this, since I am pursuing Federal claims amongst the other statelaw claims challenging the arrears and levy and the ultimate taking of the money, could my case therefore be filed in Federal Court and have all the claims heard in that venue.

3.) DOes my attempt to refile the case even after the statute of limitations has expired seem plausible since the government attorney's gave me the run around and didnt live up to their end of the bargain which resulted in the abandonment of the first civil case?

Thank you for any help you can provide.
 


Zigner

Senior Member, Non-Attorney
CALIFORNIA STATE

I am the father in the a child support issue. The child support agency recently seized and removed more than $10,000 from my bank account. I filed objections on the grounds that the seizure was illegal because in California the State may not seize money that was awarded to someone in a personal injury award, and that this money is exempt. As mine was exempt for this reason. Since the agency already removed the money, and the levy is no longer there (since the money has been taken), my only recourse is to go to court presenting claims that the agency ignored state law when it seized the money. I filed a civil lawsuit in the superior court and during the proceedings the county government attorneys offered me a settlement which was about half of the money they took from me. I agreed to accept the settlement deal, via email confirmations, and I abandoned the lawsuit and the case was dismissed. For the next 5 months, I recieved numerous upon numerous excuses as to why the county attorney could not make an appointment and had to post poned the meeting where I would sign documents and recieve the settlement check. After the 5th month, on the day we had agreed I was supposed to come down to his office to sign the paperwork and get the check, the government agency attorney switched up and said that he has a new boss now, and this new boss is more strict than his other one, and they both agree that they should no longer give me any money at all. It has been two weeks and he has not returned any phone calls or emails or explained anything else. So, backing up a bit, during one of the court hearings, the judge made a comment that he wasnt sure if my case should have been filed in the superior court, but instead, perhaps, was a family court matter? The Judge said he would do some research on the matter, but I abandoned the case before the next hearing because of the settlement deal between the two parties. I could theoretically refile the case in the same court, or perhaps family court, but the statute of limitations to pursue the case has expired. I am believing I have grounds to file the case anyway, since the opposing party failed to live up to its end of the bargain which resulted in the dismissal of the first case? But I don't know which court this should be filed in?

MY QUESTIONS ARE AS FOLLOWS:

1.) DOes this seem like more of a civil superior court civil action for money that was illegally seized by the child support agency in violation of state law? Or would it be better filed in family court before a commission or Judge in that venue?

2.) In my complaint, I am raising several Federal law claims which challenge the constitutionality of the process by which the money was seized in violation of the law and my rights under equal protection and due process (14th Amendment) and discrimination because I belong to a particular class of individuals etc. WIthout addressing the merit to these federal claims and assuming that they are valid and will be successful, because of this, since I am pursuing Federal claims amongst the other statelaw claims challenging the arrears and levy and the ultimate taking of the money, could my case therefore be filed in Federal Court and have all the claims heard in that venue.

3.) DOes my attempt to refile the case even after the statute of limitations has expired seem plausible since the government attorney's gave me the run around and didnt live up to their end of the bargain which resulted in the abandonment of the first civil case?

Thank you for any help you can provide.
It sounds like you didn't file your request for exemption in a timely manner. No worries, the money is going to pay a debt you owe towards supporting your child(ren).
 

single317dad

Senior Member
What kind of settlement agreement do you have in writing for the return of $5000?

Were the injury funds commingled with other funds in the account that was seized?

The state will continue to seize your assets until the moon turns to cheese, as long as you owe child support. My legal recommendation is that you pay your back child support to resolve this matter once and for all.
 

Zigner

Senior Member, Non-Attorney
I have to ask - why do you believe that the funds are exempt from seizure for a child support debt?
 

CSO286

Senior Member
I have to ask - why do you believe that the funds are exempt from seizure for a child support debt?
Exactly my question. Heck, if I knew a client of mine was expecting any type of legal award--I'd be continually on the phone with the attorney and have served them with the necessary paperwork to intercept it.
 

Zigner

Senior Member, Non-Attorney
Another question for the OP: How large was the award you received, in total?
 

Zigner

Senior Member, Non-Attorney
2.) In my complaint, I am raising several Federal law claims which challenge the constitutionality of the process by which the money was seized in violation of the law and my rights under equal protection and due process (14th Amendment) and discrimination because I belong to a particular class of individuals etc. WIthout addressing the merit to these federal claims and assuming that they are valid and will be successful, because of this, since I am pursuing Federal claims amongst the other statelaw claims challenging the arrears and levy and the ultimate taking of the money, could my case therefore be filed in Federal Court and have all the claims heard in that venue.
Federal law allows for this, so that's a non-starter.

3.) DOes my attempt to refile the case even after the statute of limitations has expired seem plausible since the government attorney's gave me the run around and didnt live up to their end of the bargain which resulted in the abandonment of the first civil case?
I'm not sure why you feel the statute of limitations has expired, but if it has, then you're out of luck.
 

Proserpina

Senior Member
I have to ask - why do you believe that the funds are exempt from seizure for a child support debt?
(He's misunderstanding exemptions and when they do or don't apply)

Given that NJ can place a lien on a settlement, I imagine it would be fairly consistent across the board.

PA does the same.

And a cursory glance shows that CA also allows for it, per... the unusually long and boring statute: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=704.010-704.210
 

BL

Senior Member
CALIFORNIA STATE

I am the father in the a child support issue. The child support agency recently seized and removed more than $10,000 from my bank account. I filed objections on the grounds that the seizure was illegal because in California the State may not seize money that was awarded to someone in a personal injury award, and that this money is exempt. As mine was exempt for this reason. Since the agency already removed the money, and the levy is no longer there (since the money has been taken), my only recourse is to go to court presenting claims that the agency ignored state law when it seized the money. I filed a civil lawsuit in the superior court and during the proceedings the county government attorneys offered me a settlement which was about half of the money they took from me. I agreed to accept the settlement deal, via email confirmations, and I abandoned the lawsuit and the case was dismissed. For the next 5 months, I recieved numerous upon numerous excuses as to why the county attorney could not make an appointment and had to post poned the meeting where I would sign documents and recieve the settlement check. After the 5th month, on the day we had agreed I was supposed to come down to his office to sign the paperwork and get the check, the government agency attorney switched up and said that he has a new boss now, and this new boss is more strict than his other one, and they both agree that they should no longer give me any money at all. It has been two weeks and he has not returned any phone calls or emails or explained anything else. So, backing up a bit, during one of the court hearings, the judge made a comment that he wasnt sure if my case should have been filed in the superior court, but instead, perhaps, was a family court matter? The Judge said he would do some research on the matter, but I abandoned the case before the next hearing because of the settlement deal between the two parties. I could theoretically refile the case in the same court, or perhaps family court, but the statute of limitations to pursue the case has expired. I am believing I have grounds to file the case anyway, since the opposing party failed to live up to its end of the bargain which resulted in the dismissal of the first case? But I don't know which court this should be filed in?

MY QUESTIONS ARE AS FOLLOWS:

1.) DOes this seem like more of a civil superior court civil action for money that was illegally seized by the child support agency in violation of state law? Or would it be better filed in family court before a commission or Judge in that venue?

2.) In my complaint, I am raising several Federal law claims which challenge the constitutionality of the process by which the money was seized in violation of the law and my rights under equal protection and due process (14th Amendment) and discrimination because I belong to a particular class of individuals etc. WIthout addressing the merit to these federal claims and assuming that they are valid and will be successful, because of this, since I am pursuing Federal claims amongst the other statelaw claims challenging the arrears and levy and the ultimate taking of the money, could my case therefore be filed in Federal Court and have all the claims heard in that venue.

3.) DOes my attempt to refile the case even after the statute of limitations has expired seem plausible since the government attorney's gave me the run around and didnt live up to their end of the bargain which resulted in the abandonment of the first civil case?

Thank you for any help you can provide.
I'm not sure how it would work in your State , but try and file a family court hearing that hears child support cases .

You have continued to hear about the matter ,so the SOL should apply from the last day of commumication about the matter.

I do not know if this would apply .

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=704.140.

Since the are denying to honor the settlement ,there is no settlement .Go to court and ask for reimbursement of the entire exempt amount , if applicable.

At least you can try .
 

Zigner

Senior Member, Non-Attorney
I'm not sure how it would work in your State , but try and file a family court hearing that hears child support cases .

You have continued to hear about the matter ,so the SOL should apply from the last day of commumication about the matter.

I do not know if this would apply .

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=704.140.

Since the are denying to honor the settlement ,there is no settlement .Go to court and ask for reimbursement of the entire exempt amount , if applicable.

At least you can try .
The OP doesn't even know if there IS an exempt amount.
 

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