Bank levy question
Date: Thu, 08/09/2012 - 08:10
I realize from earlier posts that you are not given a warning on a bank levy.
Per SOAPLADY's help...
"You are never given warning on a bank levy. A debtor's checking and savings account are not exempt from a judgment creditor's levy under Texas law. Thus, the judgment creditor is free to secure a writ of execution through the court that granted the judgment. The writ of execution gives the judgment creditor the right to levy the debtor's checking and savings accounts. The creditor can levy the full amount owed or, if the account does not contain enough money to pay off the judgment, the creditor can levy the entire contents of the account."
Knowing all that, what I want to know is:
1) Can a levy be issued without a judgement?
2) Can a judgement be issued without my knowledge?
Per SOAPLADY's help...
"You are never given warning on a bank levy. A debtor's checking and savings account are not exempt from a judgment creditor's levy under Texas law. Thus, the judgment creditor is free to secure a writ of execution through the court that granted the judgment. The writ of execution gives the judgment creditor the right to levy the debtor's checking and savings accounts. The creditor can levy the full amount owed or, if the account does not contain enough money to pay off the judgment, the creditor can levy the entire contents of the account."
Knowing all that, what I want to know is:
1) Can a levy be issued without a judgement?
2) Can a judgement be issued without my knowledge?
They can't levy your bank account without a judgment. Technic
They can't levy your bank account without a judgment.
Technically, a judgment could be issued without your knowledge. If you're sued and not properly served, for instance.
However, you should receive a summons to appear in court.
If a judgment has been issued and you were never served, you can motion the court to vacate that judgment due to improper service.