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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113509
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My bank was served with a Legal Order concerning a repoed

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My bank was served with a Legal Order concerning a repo'ed car that was taken from my husband in 2009. He is now unemployed and so now they have wiped out my bank account. Is it too late for me to now try to make any kind of arrangements with the company who got the legal order? I need to know if I have any options other than them just continuing to get legal orders and continuing to deplete my account.
I am afraid that once the levy is placed on the bank account for the judgment, the only thing you can do is go to the court and file an exemption to the levy and prove that the money they are taking is exempt from seizure. Your other option to consider is filing for bankruptcy if you qualify and then the judgment will be extinguished and they can no longer seek to enforce it and collect.


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Customer: replied 4 years ago.
Okay, thanks. The only way to be exempt from a levy, however, is to get public assistance or something like that, correct?
No that is not true. Certain amounts of income are exempt from levy, such as retirement benefits or employee benefits or SS etc. Also, even if you do not have exempt assets in the account, you can provide proof of the extreme financial hardship from them seizing all of your money and the courts can order a modification of some sort or even encourage some type of payment plan to avoid further seizure (you do not need to get public assistance to get the court to release the levy though, that is only one reason not all of them).
Customer: replied 4 years ago.
So do I file the exemption notice with the court, or send a copy to the creditor, or what? I see here that also 75 percent of every debtor's after tax earnings are exempt. Is that also true? How is that verified and determined if so?
You file the notice of exception to levy with the court and you would send a copy of the notice to the creditor. It is true they can only garnish up to 25% of the wages of the debtor and you would have to show that the money they are seizing comes from wages, so that only 25% should be seized, which you would do with payroll and deposit records.
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