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David Coleman
David Coleman, Lawyer
Category: Legal
Satisfied Customers: 1105
Experience:  BEc(SocSci). LLB (Usyd) - 5 years of Work Experience
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IN CALIFORNIA, IS A BANK LEVY ONLY GOOD FOR AVAILABLE ...

Customer Question

IN CALIFORNIA, IS A BANK LEVY ONLY GOOD FOR AVAILABLE FUNDS ON A SPECIFIC DAY? IF SO, HOW MANY TIMES CAN A CREDITOR LEVY THE BANK ACCOUNT? HOW SOON AFTER DOING IT CAN THEY DO IT AGAIN? IF THERE IS A DEPOSIT ON "HOLD" IS IT EXEMPT FROM THE LEVY? DOES THE BANK GIVE ANY INFORMATION REGARDING BALANCE, AMOUNT ON DEPOSIT, AMOUNT AVAILABLE, ETC TO THE CREDITOR?
NOT YELLING - CAPS ON
Submitted: 8 years ago.
Category: Legal
Expert:  David Coleman replied 8 years ago.
I
Dear Sir,

The rights of the creditors in these situtations depdend upon the identity of the creditor. Who or what has placed the levy on your bank account? Usually bank levies are issued by public authorities like the IRS, or the California State Board of Equalization. These bodies are supposed to give a right of review and if you are levied erroneously and incur bank fees you can charge for these back. A specialist in Tax debt in your area can be found here. http://www.besttaxadvocate.com/PracticeAreas/Collections-and-Levies.asp I hope that this information helps. I can provide you with more help if you tell me the identity of the creditor.

Regards,

XXXXX XXXXX


Customer: replied 8 years ago.
Reply to XXXXX XXXXX's Post: It is not the IRS or any State Authority. It is a private law firm/creditor and the result of a personal guarantee lawsuit. They levied the account once before, about 2 months ago. It is a judgement for about $200,000. They were given the "available balance" on Friday, 2/29/08, however my bank had previously placed a "hold" on some of my deposit made earlier. So the question is, can they levy again for the additional money in my account when it is available, how long do they have to wait before they can levy again (is it 30 days), and do they know about the uncollected balance? Does the bank give them any information regarding balance, available
funds,deposit info, etc?