Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I am sorry to hear of this. The DDA is essentially a levy, where a creditor levies one's bank account. They can levy the amount that was owing, in addition to costs incurred in levying. They may not have knowledge of your business account, or your business account may be protected, depending on the type of business (LLC, etc) you operate.
OK.. the damage is done. However, I need to put some money in the account to cover some expenses coming thru in the next couple of days. Will they grab more tomorrow.. or do they wait. Or do they have to warn me?
And how do I find out who the levy was from?
There should have been a judgment - were you sued in court, or did you have an IRS bill?
I am working with the IRS on an installment plan. I thought they were holding any levys. I will call them. The state of Georgia issued me a levy warning about they gave me 30 days.. and that isn't up. Don't know if there is a judgement out there on me. I owe a lot of money. I will find out these things.. but in the meantime, can the same company or IRS levy my accounts two days in a row.. or do they have to issue another warning?
Let me check on that. I believe they can do it without a warning, but let me verify.
but.. will they do it two days in a row?
If there is money they will likely do it. I just want to see if they legally have to give you notice of their intent (I don't believe they do but would like to verify). The safest approach would be to go to a large department store and pay a check fee.
Legally, they should only be able to levy the bank if there is a judgment. (A default judgment may result in you not being aware of a judgment). However, it appears to be rather common practice for banks to accept levy's even without judgment. This is something you can contest; however, if you owe the money, you may be liable for their attorney fees in contesting this. You may want to check with the credit bureaus to see what is on there (judgments stay on for typically 7-10 years). This would give you an idea. In the meantime, if you need money, it would be best to go to an alternative bank and do a cash transaction where you pay a few dollars for a cashier's check. (sometimes paycheck cashing places offer this service). You mentioned you owe a lot of money. We can't give specific legal advice, but I want to make sure you know your options - sometimes people try very hard to pay off debt, only to dig the whole deeper (especially with interest at such high rates for debts). Bankruptcy gives a fresh start. You may want to meet with a bankruptcy attorney so they can consider your particular situations. If there is a law school near you, they may even offer pro bono services.
OK, well I need to make some phone calls. Thank You. I will probably be asking more questions tomorrow.
OK. Meanwhile please check with the credit reporting agencies so you know what is going on. You are entitled to one free report from each agency. Are you familiar with that?
yes. thank you. What website do I use for the credit report
This is the site that is managed by all 3 agencies: https://www.annualcreditreport.com/cra/index.jsp. Please be careful on line- here is their advisory - how they will never contact you via email. https://www.annualcreditreport.com/cra/helpsecurity - so if you get a contact later by email, don't respond.
ok, thank you
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