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Levy and Hold on Checking Account

Submitted by on Sat, 04/07/2007 - 02:08
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I live in NE. I have had a levy against me; my checking account. They took $105.02. Silly me--I thought they could only do this once. It happened on my next payday and they froze over $1000.00. I have checks bouncing left and right.

The question I have to everyone is; I am married. My debt is a credit card. Due to unemployment, car accident and medical bills. But the Card is only in my name. How can they place a hold on the checking account in both our names when my husband is not involved? What can I do? We have auto withdrawals, insurance, mortgage, etc. Do I close the account. We have had this bank for 18 years. Honestly, I'm ashamed and very depressed because I've dragged my husband's good credit through the mud.

:oops:

Please help me as I don't know what to do. I'm so far in debt I can't get out. And now this levy has made it worse. And the sad thing is--I make more than my husband as he is not doing very well.


You also should have gotten a letter from your bank spelling out why they did what they did, who the judgement was for, and for how much.
If it's credit card, they had to have a court decision before they can do something like that and they are only allowed to take a percentage of your checks at a time. They can't take it all at once.


Submitted by kscornell on Sat, 04/07/2007 - 07:38

kscornell

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Welcome to the Community :D You aren's alone, and we are here to help you through your debt problems! I don't know about your state, or levy with a credit card, but I do know, that the IRS and our state taxes can levy an account if you are married, regardless if it is your or your husbands debt. We got a notice from our state tax commission the other day saying that we both owed from 2001, something from his job. So I'm not sure if this is the reason they did a joint thing on you or not. Check with your bank and get the info on the details of this levy.If you have any questions, please ask..KAren


Submitted by Bossy4455 on Sat, 04/07/2007 - 09:40

Bossy4455

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Have you contacted them and tried to discuss payment arrangements?

Do you work now? The reason I ask is because your accounts are being levvied instead of your paychecks being garnished probably because you filed unemployment at some point. The creditor more than likely wasn't able to find current job info on you, and unemployment checks can't be garnished for consumer debts like a credit card.

This is interesting, because about 2 months ago I dealt with this situation with an employee..I received a writ of garnishment for them, and they had an accident on the job and had to take disability before I could even file the writ. I had to provide notice and verification of this to the creditor, and the creditor immediately being the levvying process. Well, the employee was very angry, and when he was able to work again, he got a bit loud with me. :evil: I explained what happened and what I had to do, and he was able to contact the creditor, unblock his accounts, and start the garnishment again.


Submitted by finsfan13 on Sat, 04/07/2007 - 09:41

finsfan13

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i just had it happen to me for a hospital bill i went to bank to day to get 20.00 to get mom her depends and was told my account was put on hold!!!!! the think is it is not just my account its also my elderly mothers with her soc ck i lost my job fell be hind in bills and was diagnosed with lupus all with in the past year my question is how they were able to do that mom is on this account with direct deposit


Submitted by on Fri, 03/14/2008 - 18:01

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The reason they go after a joint account is because both you and your wife legally have the right to the entire account. If you have a legal right to the entire amount in the account then the court can issue a writ releasing the entire amount to a creditor who has a judgement for it.

If they have a judgement and a writ from the court, I'm not sure changing banks will stop them. they can simply send the court order to all the major banks in town and will eventually get a hit.

Call them and see if you can work out payment arangements. That should stop the garnishment.


Submitted by Debt Free to Be on Tue, 08/31/2010 - 19:50

Debt Free to Be

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