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Dimitry K., Esq.
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My wife has a judgment from CACH LLC for credit card $17,517.

Resolved Question:

My wife has a judgment from CACH LLC for credit card $17,517. Received notice of Levy from Bank yesterday. My wife is unemployed and the funds are from unemployment direct deposit in to Bank of America. We called and spoke with CACH today and they advised unemployment benefits are not exempt from levy. Notice received from bank today says release/remit date of funds is 7/29/13. The amount levied $1,532.
We live in Orange County California - Judgment filed Orange County - Levy filed LA County?
My 2 questions are 1/ Are unemployment benefits exempt and 2/ Filing levy in LA county when judgment was entered in Orange County.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but I will agree with what you were told. Unemployment benefits are NOT exempt from levy. Social Security benefits are generally exempt but but benefits received from the state are not exempt.

As for the second question, the levy is filed where you reside, not where the judgment is obtained. If you reside in LA country, then that is where the levy is filed, because under law the levy is always where the defendant is located (or domiciled) or where his assets are located.

Good luck.

Customer: replied 1 year ago.

Thank you, XXXXX XXXXX understanding question 2 - we reside/live in orange county and levy filed LA county is that ok? We have no assets in LA County

Expert:  Dimitry K., Esq. replied 1 year ago.

Jeff, thank you for your follow-up.

Then that is a bit irregular. Typically the courts would require the other party to go to the county where you reside (which would be Orange County), domesticate the judgment, and then seek a levy. Unless you had a contract with the other party that suit can take place in LA county and that is where they can pursue a lien, they should be pursuing it against you in Orange County instead.

Good luck.

Customer: replied 1 year ago.


Thank you, XXXXX XXXXX have any recourse to have them remove levy because filing wrong county?

Expert:  Dimitry K., Esq. replied 1 year ago.

Jeff,

You are most welcome. Typically a levy, if still filed in your home state that issued the judgment, would still be upheld. I am suspecting that if the bank where you hold your funds is located in LA county, their filing would be upheld if that is what they base the levy on. They would argue that as they are pursuing the judgment, that is what they would use to justify the levy at the other state. While you could potentially contest it, it is likely not enough if LA county was the one that issued the judgment.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38576
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
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