Questions on bank Levy

[cjka]

What is the name of your state (only U.S. law)? CA
Going to court for bank levy placed on my account, was paying bill but then lost job, talked with them but they would not take any less than originally agreed upon. So I told them as soon as I could I would pay. They changed names , and lawyers, placed a levy on my account but I was not informed until money was already frozen,

Questions Can they freeze the account without me having prior knowledge of a judgment?
Second can they take money that is direct deposited to my husband from his work and would it be part of the 25% law.

There big defense is bank accounts are not exempt

If anyone can help please reply,

PS I am not trying to get out of my responsibility just get a reasonably payment that we can do, We are at Medical level as it is.

Thanks CJWhat is the name of your state (only U.S. law)?

 

[Chien]

Q. Can they freeze the account without me having prior knowledge of a judgment?
A. Yes, but unless you had entered into a Stipulation for Judgment or a Confession of Judgment, either of which allowed them to proceed without notice to you, you should have received notice that they were requesting judgment. (That’s different from you having knowledge that judgment was entered. They have no obligation to tell you that “it happened”.)

Q. Can they take money that is direct deposited to my husband from his work and would it be part of the 25% law.
A. If the judgment is against you only and the account is in your name only, you can claim an exemption and force them to prove the funds are community property to reach your husband’s share.

If the account is in both your names, there is a legal presumption that the contents are community property, and it is your obligation to prove they are not.

The way that the account is set up determines which party has the burden of proof to reach or exempt the funds.

You’re fighting a losing battle. Even if you could satisfy a court that they are not entitled to a percentage of your husband’s wages now, they can file a motion under Calif. Code of Civil Procedure sect. 706.109 and establish a right to garnish your husband’s community wages before they’re deposited. It wouldn’t matter if you stopped the direct deposit and established separate accounts.

Let them know your current circumstances and try to work out a payment arrangement. If you can’t, inform yourself of all of your exemptions and how to claim them. You’re entitled to exempt the “necessities of life”, and that could reduce a garnishment to a very low number (perhaps zero), but the current contents of the bank account may be a lost cause.

 

[cjka]

necessities

Thank you for your information

I actually go to court this morning, wish I found this site earlier.
It sounds that the money is gone, hopefully I can set up an agreement with them.

Could you tell me how to go about showing the Necessities of life exemption?

Just so I understand, the account is in both our names so it is community property,
they did ( or the lawyer Capitol one had before did send paper work about two years ago, I assume that is the notice?
thank you again for your help

Cj

 

[Chien]

Q. Could you tell me how to go about showing the Necessities of life exemption?
A. Find the exemptions that your state allows:
http://www.courtinfo.ca.gov/forms/fillable/ej155.pdf

File a claim of exemption:
http://www.courtinfo.ca.gov/forms/fillable/wg006.pdf

Include a Financial Statement showing your current expenses for food, shelter, clothing, medical care etc.:
http://www.courtinfo.ca.gov/forms/fillable/ej165.pdf

I suggest that you find a self-help advisor in your county to assist you as you go along. Legal Aid is one resource. A Small Claims advisor may be able to provide much the same enforcement information, even if the case wasn’t SC:
http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbycounty.htm

 

[cjka]

thank you

Thank you again,

I already filled those papers when I did the other paper work, and I did try to get legal help but it just went round and round with no one to really call me back or help, I guess they are to inundated with people and the Holidays, with only 30 days or so to get answers it just wasn't working. Hopefully I can talk to there rep this morning and figure something out for both of us.

Thank you again

Cj