Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My bank was served with a Legal Order concerning a repoed

 
PaulMJD's Avatar
  • Answered by:PaulMJD
  • Attorney
  • Positive Feedback: 98.2 %
  • Accepted Answers: 27282
Verified Expert
in Legal

Recent Feedback

Positive
he is the only lawyer who even tried to answer me which i appreciated as i am a...
Positive
fast complete answer--enjoy working with this guy--give him a raise
Positive
quick concise answwer
Positive
Thank you for your promptness and knowledgeable response.
Positive
I feel PaulMJD really went out of his way to point me in the right direction...
Positive
Sir, you have been most helpful, thank you.
Positive
He was very accurate and to the point. i felt like he gave me very good advice...
Positive
I want to say THANK-YOU for the legal advice that you gave to me. It helped me...
Positive
sometimes I just hate the answers I get--but you guys all sure know your stuff--
Positive
The response was in layman terms of which I could understand. I am also pleased...

Customer Question

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.

Submitted: 289 days and 1 hours ago.
Category: Legal
Value: $28
Status: CLOSED
Picture
Expert:  PaulMJD replied 289 days and 1 hours ago.

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.


PLEASE USE THE REPLY BUTTON IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON EVEN IF THE FEEDBACK SAYS NEED MORE OR HELPED A LITTLE, THIS IS NOT HOW TO GET MORE INFORMATION.

PLEASE CLICK ON “OK,” “GOOD” or “GREAT” SERVICE

I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted to use the REPLY button and we are happy to continue working with you to get you all of the information you require.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.

Please click the top THREE POSITIVE FACES so that we can get good feedback for working with you.

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer replied 289 days and 1 hours ago.

Okay, thanks. The only way to be exempt from a levy, however, is to get public assistance or something like that, correct?

Picture
Expert:  PaulMJD replied 289 days and 1 hours ago.

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 289 days and 1 hours 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?

Accepted Answer

Picture
Expert:  PaulMJD replied 289 days and 1 hours ago.

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.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.2 %
Accepts: 27284
Answered: 6/29/2012

Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ask this Expert a Question >
 
Tweet

12 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
hello again. I need some additional input concerning how best 4/10/2013
Hello I helped my boyfriend financially to clear up some 4/10/2013
I have been employed for 16 years with a major Mass based co 4/10/2013
I was injured at work in a fall from a piece of heavy eqipment3/21/13. 4/10/2013
im being sued by a person from paypal. She sold a conterfeit 4/10/2013
Today when I attempted to file my taxes, I was surprised to 4/10/2013
I have an LLC which currently, in addition to the services 4/10/2013
I went to the hospital because I overdosed on Advil. All I 4/10/2013
My 17 year old daughter has a friend that will be graduating 4/10/2013
I signed a Roofer's General Contractor's Insurance Claim Assistance 4/10/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
210 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

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).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC