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  1. #1

    Default Judgment Collection, Bank Levy, Foreign Judgement

    Hi,

    I am attempting to collect a judgment (have the paperwork in hand) from a deadbeat tenant for an amount well over $8000. The deadbeat wrote two $1250 NSF checks and I was awarded 3 times each plus other damages the tenant incurred while residing at the property before vacating the premises without giving notice. Anyway, I have been thinking about trying to levy the individualís bank account, but I just checked to see if the deadbeat's account was active and it is with enough funds to cover one of the NSF checks that were written. So should I deposit the check even though I won the judgment including 3 times each check or could there be some legal ramifications for doing such a thing? Further, can I levy the bank account at the branch in Colorado Springs, Colorado even though the individual currently lives in Virginia, not Colorado where my rental property and the judgment resides? The potential loophole, the individualís bank is a national bank, so I am thinking that I can have the branch in Colorado served since it is not solely a local bank. I do not see why this wouldnít work, but?

    Here is the deal, I'm attempting to get around having to transfer the judgment to Virginia, because research on how to make this happen will take more time and processing the legal mechanisms could cost more $, which I do no have a lot either due to graduate school. To further complicate things I live in Louisiana, the deadbeat lives in Virginia and the judgment is in Colorado. On a side note, I even think I know where they work in Virginia. Well, any advice concerning this would be greatly appreciated!

    Regards,
    Jeff

  2. #2

    Default Re: Judgment Collection, Bank Levy, Foreign Judgement

    I just contacted the EL Paso County Court in Colorado and found that you can levy a national bank from any branch. Weeeeee, finally I may get some justice here!!!!!!!!!

  3. #3

    Default Re: Judgment Collection, Bank Levy, Foreign Judgement

    Quote Quoting who-what
    View Post
    I just checked to see if the deadbeat's account was active and it is with enough funds to cover one of the NSF checks that were written. So should I deposit the check even though I won the judgment including 3 times each check or could there be some legal ramifications for doing such a thing?
    I just have this one question left to figure out the answer to. If anyone has any input on this, I would greatly appreciate it!!

  4. #4
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    Default Re: Judgment Collection, Bank Levy, Foreign Judgement

    Based on what you've told us, and assuming no unknown facts, if the check remains negotiable and you apply the amount obtained toward the judgment balance, I don't know of any reason you can't deposit the check.

  5. #5

    Default Re: Judgment Collection, Bank Levy, Foreign Judgement

    I am pulling out the artillery on this person. I sent them a 10-day notice that further non-payment will result in further legal remedies. I have the bank levy documentation ready for after the 10 day period, but in the meantime I am depositing the 2 NSF checks which the account shows will clear. It is like going to war, meaning, I am using the element of surprise by putting in the NSF checks on Monday right after they receive the letter that also has a copy of the judgment along with it. I want to make sure they do not decide to change bank accounts, which I figure they will once they realize they have a judgment out or once they get the notice that the account is about to get garnished or levied. I base this on the partiesí historical behavior.

    I really hate to get nasty like this but I am not sure what you can do when people refuse to make good on a debt. You have to do what you can to recover your damages. Being a landlord can suck sometimes!!!

    Cheers!

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