Skip to main content

Debtconsolidationcare.com - the USA consumer forum

Writ of Execution and Bank Levy

Date: Tue, 08/23/2011 - 10:16

Submitted by cek1024
on Tue, 08/23/2011 - 10:16

Posts: Credits: [Donate]

Total Replies: 4


Today I received a Writ of Execution and my bank account was to be levied. Can somebody explain to me how much is to be levied? It says on the papers that the original debt is $2123. Is that the amount that will be garnished?

I ask because I was sued last year by the debt collector/lawyer and I set up a payment arrangement. I made over $1000 in payments to try and satisfy the debt until I started falling behind. The lawyer ended up trying to place a judgment against me in the beginning of this year for the original debt amount. I contacted the lawyer and he confirmed that I made the payments and I only owe about $1100. But, the judgment was placed against me because I couldn't afford the payments and the lawyer wanted to settle for an amount I couldn't afford and he did not want to set up a payment arrangement.

So, how do I know the amount that will be garnished?


Generally, whatever amount is on the document you received will be doubled and that's what will be levied from your account (whether the funds are there or not). If this puts your account into a negative balance, and it remains that way for a certain period of time (all banks have different rules regarding the length of time, check with your bank for yours), then your bank will close the account.


lrhall41

Submitted by OhioGal1 on Tue, 08/23/2011 - 10:40

( Posts: 5253 | Credits: )


Thanks for your replies.

I'm in Pennsylvania.

Anyways, to update this issue, I contacted Blatt,... for verification from them as to why over $2,500 was levied when I owe $1550. I did not receive any communication back from them on the matter. Instead, I received a notice in the mail that the levy was dissolved. I checked my bank account and I was no longer negative and everything was back to normal.

Then, I started receiving non-stop calls from Blatt,..., which really annoyed me considering the fact that I specifically requested that they NOT call me and instead communicate with me through mail (this is something they acknowledged and noted on my account earlier this year). So, I sent a letter to them again and received a really simple letter back that only stated they were collecting a debt for Dell and the amount I've paid to date and the balance, which is "due and owing". That's it.

So, can someone please explain to me what is going on before I contact them to make payment arrangements? Is this normal debt collector behavior? Am I back to square one with them? What happened to the levy? Why would it be dissolved? AHHH. I feel like I'm going in circles with these guys!


lrhall41

Submitted by cek1024 on Mon, 11/21/2011 - 10:33

( Posts: | Credits: )


You will have to contact them to find out why the levy was dissolved....however I would think they will refile for it again as they have their judgment against you and PA is a non wage garnishment state....they are going to recover the funds in any way they can.

FYI...you cannot demand a partial cease and desist...per the FDCPA it is all or nothing. You would probably fair better without the cease...they are going chalk you up as a difficult debtor and persue bank levy instead of contacting you.


lrhall41

Submitted by SOAPLADY on Thu, 11/24/2011 - 21:24

( Posts: 17315 | Credits: )