Notice of Levy - Help!
Date: Mon, 07/25/2011 - 11:30
Since I didn't have the money, there was nothing I could do, so about a month later they filed a Notice of Levy against me with the Sheriff. It appears to be a Writ of Execution (Money Judgement) against my bank account. I don't have much money in the account, and what goes in comes out almost immediately to pay my essential bills.
I've read elsewhere on this form that this firm is shady. I'm also following advice I read here about looking for an attorney on NACA.net. Not sure I can afford one, but maybe I can borrow some money.
Should I try to open a new bank account somewhere else?
Thanks in advance for any help you can provide - I'm feeling like the additional stress is going to kill me!
If you were not served, you need to go thru the court and have t
If you were not served, you need to go thru the court and have the judgment set aside for lack of service. The law firm handling the judgment isnt going to tell you this....look up the judgment on the county court website and find out how and when you were supposidly served. If you were not served, motion the court to have it set aside.
Keep your money in cash or a prepaid debit card until you resolve this. They would have already send copies of the levy to all the banks in your area.
Great info
Dear SoapLady,
Thank you for sharing your knowledge! I went to the court today and received a copy of my file. The "Proof of Service of Summons" states it was served "by personal service", however, that never happened. The server committed perjury, but not sure how I can prove it - may be he said/she said. Do they need to have me sign something? I've spoken to an attorney about getting the judgement vacated, but what will stop them from trying to file again?
Thanks for the tip about local banks. I guess I'll have to find a good prepaid debit card and use postal money orders for the time being.
When a summons is served, a signature should be obtained or a ph
When a summons is served, a signature should be obtained or a physical description of the person served. Was that included? Time of service? Can you figure out if you were even home? You can motion the court yourself to set aside the judgment for improper service...the clerk should be able to give you the paperwork.