My question involves judgment recovery in the State of: CA
I owe approx. $2000 for a default judgment and recently recieved a writ of execution for a bank levy with the garnishee listed as a bank which I do not have an account with. For the sake of this we will refer to the bank as Wells Fargo (WF).
The writ was issued by the court in February but the Sheriff's did not mail me the notice of levy until April (when would the bank be notified? Right after the filing or would it be mailed to them at the same time the sheriff mailed me, I thought these were done in person?). In March I did apply for an account (online) at WF bank and was denied, probably due to my poor credit and stuff. So basically they levied a non-existent account. When the creditor files for the writ do they have to list which banks will be levied or is it the duty of the Sheriff to find out where my accounts are? Will they notify me if they tried levying other accounts that did not exist?
I do have a new account that I recently opened at a completely different bank. How long until you think they find this account and levy it? There's no money in it yet -- it's so new I haven't even funded it yet.
I have cashed checks at WF that was the garnishee, but I did so without an account because the people giving me the checks have WF accounts so they can verify the funds since it's the same bank it's being drawn on. Will I still be able to cash checks at WF or is this levy going to prevent that (remember I do NOT have an account because they denied me online). Whenever I cash checks there they only ask for my ID but never my SSN.
Since they levied the wrong bank, am I still responsible for the fees (filing, sheriff, bank, etc) with them hitting the wrong bank? What's to prevent them from blanketing all the banks in the area and trying to get me to pay fees for each and every wrong hit? Can WF even attempt to charge me (I hear it can be $100) for processing the levy?
Will WF look me up in their system and notice I have cashed checks there without an account and then look up copies of the checks I've cashed and hand over that info to the creditor? Basically, are they going to tell the creditor who has been giving me checks? I don't want them contacted.
Thank you in advance.