Levy of a Bank Where I Don't Have an Account

[Person12]

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.

[adjusterjack]

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?

The creditor has to list the bank in order to get the writ. It's not up to the sheriff to hunt down your accounts.

Will they notify me if they tried levying other accounts that did not exist?

According to the court website the debtor is supposed to be served a copy of the levy at least by mail. I have not been able to determine if that requires a signature receipt or just an affidavit of mailing. If the latter, there could be any number of reasons why you might not receive it.

How long until you think they find this account and levy it?

I doubt if anybody can answer that question with any degree of accuracy.

But you might be summoned to court for a debtor's examination where you would have to reveal the account location under penalty of perjury.

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

That depends on WF. You'll have to try it and find out.

Since they levied the wrong bank, am I still responsible for the fees (filing, sheriff, bank, etc) with them hitting the wrong bank?

Well, the creditor will continuously be adding costs to the amount of the balance. I suppose you might be able to seek relief from the court for the costs incurred if you can show that the creditor had no good reason to levy that bank. But until you do that, the costs will just keep adding up.

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?

Nothing.

But that's one of the consequences of defaulting on a debt. Bad things happen at the worst possible time.

Can WF even attempt to charge me (I hear it can be $100) for processing the levy?

Yes.

[Person12]

Thanks for the reply.

The paperwork was mailed to me from the Sheriff.

So even though I do not have an account at that bank, I would incur fees from the banks even though I never signed any sort of fee agreement with them? How can that be enforced? I don't get how that is legal. I can only assume that this place has put some sort of monitoring service on my credit report and every time a bank inquiry is made on it then they try to levy it. The thing is though the account was not created because my app was denied.

Are there any legal recourses that I can take to force them to reveal how they are obtaining my banking info (even if it was wrong).

I do not think this place is going to summon me for a debtor's exam. That would require they also appear in court right?

They are a large firm that appears to handle all the cases for this specific client across the entire state. The law firm is several hundred miles away and has 1 single office. I doubt they will travel that far. Or can debtor's exam be done outside of court (interrogatories mailed), etc?

[jk]

was the writ issued for specific account number?


If you don't have an account there, the bank will simply state that and it ends. If they attempt to charge you the fees, contest them. You should not be liable for the creditor's mistake. The bank cannot charge you anything. The creditor can add costs to collect to the judgment but if it was their error, you should be able to successfully contest the fees.

What is odd is why they would believe you have an account there at all. Something is amiss here.

Are there any legal recourses that I can take to force them to reveal how they are obtaining my banking info (even if it was wrong).

You can review the court file. Other than that, no.

I do not think this place is going to summon me for a debtor's exam. That would require they also appear in court right?

Not necessarily but why would you think they wouldn't appear in court now? They already did when you were sued and this simply adds to what you owe anyway.

[adjusterjack]

So even though I do not have an account at that bank, I would incur fees from the banks even though I never signed any sort of fee agreement with them? How can that be enforced? I don't get how that is legal.

That wasn't your question.

Your question was

CAN WF even ATTEMPT to charge me (I hear it can be $100) for processing the levy?

Emphasis on "can" and "attempt."

A "yes" is the only possible answer to that question.

I can only assume that this place has put some sort of monitoring service on my credit report and every time a bank inquiry is made on it then they try to levy it. The thing is though the account was not created because my app was denied.

If your credit report showed only the inquiry and not that you were denied the account then the creditor would have good cause to levy the account and any charges incurred by the creditor would likely be enforceable against you.

Are there any legal recourses that I can take to force them to reveal how they are obtaining my banking info (even if it was wrong).

No.

Once somebody gets a judgment against they can get information about you in any legal manner and hassle you till the cows come home or you pay the debt.

I do not think this place is going to summon me for a debtor's exam. That would require they also appear in court right?

They are a large firm that appears to handle all the cases for this specific client across the entire state. The law firm is several hundred miles away and has 1 single office. I doubt they will travel that far. Or can debtor's exam be done outside of court (interrogatories mailed), etc?

I doubt that any experienced creditor would waste time trying a debtor's examination by mail because the vast majority of people the creditors go after are ducking the debt and ducking any kind of collection effort so the creditor relies on the court to put the debtor in the hot seat.

[Person12]

Neither of us were physically present in court at any time. I never contested so they received a default judgment. Everything was either filed through the mail or they had one of those companies that will file the docs on behalf of the collector. They are nearly 400 miles away. I did some digging around on the court's public records to see the schedule of other people who have been sued by the same company and I don't see any calendered events regarding an asset examination. I was served originally served in person by a local company but it was just a process server.

No specific account # was listed on the levy notice. Just the name of the bank and their address. Are they required to provide an account #?

The only way I can think of that they found out I might have an account there is because I did apply for one there between when the writ was issued and when it was mailed to me -- who knows when the bank was actually contacted regarding the writ.

According to http://www.ehow.com/how_5041957_avoi...alifornia.html it says "However, the lender may choose to add extra interest and costs after the judgment, which requires notice via a Memorandum of Costs to you and the court at least 10 days before the writ of execution." I never received this, just the notice of levy dated a few days ago and the writ issued in Feb (which was attached to the levy notice). This is the first time I was given the issued writ and the levy notice.

Can they require me to go to court without their attorney present? Who would examine me then?

[jk]

I have not checked but in some states, the creditor can file to require you to complete interrogatories. That would make it so they do not have to be in court in person.

No specific account # was listed on the levy notice. Just the name of the bank and their address. Are they required to provide an account #?

depends on how the order was written, so, what, specifically does it state (redact identifying information)

The only way I can think of that they found out I might have an account there is because I did apply for one there between when the writ was issued and when it was mailed to me -- who knows when the bank was actually contacted regarding the writ.

so, you applied for one AFTER the writ was issued but before it was mailed to you? How does that equal they might have an idea you have an account with WF? There is information missing here.

[Person12]

I have not checked but in some states, the creditor can file to require you to complete interrogatories. That would make it so they do not have to be in court in person.


depends on how the order was written, so, what, specifically does it state (redact identifying information)

The writ just has the pertant information regarding myself, the judgment amount, interest, etc. The writ itself does not have WF listed anywhere. Issued in Feb.

The levy notice is attached to the front and that has the Garnishee listed simply as WF w/ their physical address, along with it stating it was mailed in April. The property they are trying to levy states all the accounts, debts, credits belonging to the debtor in possession of WF. No account #s listed. They basically blanketed it with every single possible type of account that WF provides. I don't want to type it verbatim in case they see this (I googled part of the sentence and there werent any results so I'm assuming this is the firms standard description used when levying bank accts).

so, you applied for one AFTER the writ was issued but before it was mailed to you? How does that equal they might have an idea you have an account with WF? There is information missing here.

That's what I don't understand either. Will me simply cashing checks there (before I applied for account) somehow trigger something that would make the collector aware of me cashing checks drawn on accounts from WF? I was however able to cash checks after the Writ was issued but I am not sure if I will be able to now that they've tried levying me at that bank.

Is it possible they obtained a writ just to have it handy so when they see I do have an account somewhere they can request a levy? That same writ can be used for subsequent levies correct? Seems like maybe they files for the writ, realized I had tried to get an account somewhere, and then got a levy on the account.

Will WF hand over to the collector/sheriff any copies of my checks I've cashed there or will they just simply state I do not have an account there and be done with it?

- - - Updated - - -

http://www.courts.ca.gov/documents/ej150.pdf

That is the Notice of Levy form I received. Since they are going after Execution (Money Judgment) and not Possession (for some reason that PDF is missing a "Possession" checkbox above "Sale" checkbox) do I have to file an exemption claim for person property (computer, clothes, etc -- I own next to nothing and everything here is my mother's except my clothes and computer) not to be taken by the sheriff?

The confusing part is on page 2, in the "Info for Judgment Debtor" (it won't let me copy/paste). It seems contradicting. First it says no exmeptions then it says it does.


http://www.courts.ca.gov/documents/ej130.pdf

This is the Writ of Execution that was attached to the Notice of Levy. The "Execution (Money Judgment)" was also checked. #7, "Notice of sale", checkbox (a) "has not been requested" was checked.

It seems they are just going, for now, after my bank accounts. Do I wait until they file a notice of levy for possession to claim my personal property exemptions?