We are a small business in construction that owes a union trust fund. union attorney filed levy on bank and all our clients (our receivables). We negotiated and signed an agreement but have not released levies now for 3 weeks. What are our rights?
State/Country relating to question: California
We have signed an agreement for payments for 12 months provided partial payments.
If they continue the levy on our clients witholding checks we cannot continue to pay our payroll which will put us out of business.
Hello and thank you for allowing me the opportunity to assist you.Does the agreement require them to release the levy?
Yes, in the agreement the day we make partial payment of $21k and sign agreement they were to release the same day. Attorney was not in office the day made payment (day was agreed upon in advance) and now stating does not have authority to release levy. Attorney stated have to speak to owner. Attorney says owner is out of reach.
Hi again.A settlement agreement is a contract that can be enforced in court if necessary. Accordingly, if you've done what you've agreed to do, and the other party has not, then you could take this matter to a judge to enforce the settlement agreement and have the levy removed. Moreover, one would think that the other party would want to remove the levy if it is necessary for you to stay in business, otherwise you may not be able to repay the debt in full. In any event, if the levy is not lifted, then you can take this matter to court. You'll need an attorney to represent the company, however, if the company is an LLC or corporation, since only attorneys can represent those entities in court.If you would like any additional information or need clarification, please do not hesitate to ask! Also, I strive to be as helpful as possible so that you are satisfied. Accordingly, please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.Thank you.
Licensed to Practice Law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).