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Opinions about liens against bank accounts

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azgrandpa

Member
What is the name of your state? Arizona

I also have read several posted opinions, ref. (VeeGee, 4/24/03), concerning liens against bank accounts. Usually including suggestion to send letter to bank stating that the funds are exempt due to SS or other such exempt funds.

My question is: what good does that do if the bank receives a court order to place a lien on the account?

Please understand that I'm not criticizing the advice, only trying to understand it. Thanks for the help.
 


Ladynred

Senior Member
Having a statement filed with the bank that notifies them that all the funds in the account are exempt may stop the levy on the account. Without it, they would just hand over the money to the Sheriff, not knowing the funds are exempt. If they have a sworn statement attached to your account, then they could, at the very least, delay the action based on the 100% exemption.

At any rate, if you're sued, you have to file a list of your exemptions with the court and you should list the exemption of all funds (and have proof) at that point. That should prevent a levy in the first place.
 

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