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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello Dimitry, I asked you a question on 07/31/13 about a bank

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Hello Dimitry, I asked you a question on 07/31/13 about a bank levy and you helped mr release the levy from my bank account. Today I received a levy from the same party wanting to levy our house! The sheriff just delivered the levy. Can they really take our only home to settle a $3500 small claim debt? How do i refute this levy? Thank you, Tom
Thank you for your question. Please permit me to assist you with your concerns. I am sorry to hear that you are still in this situatuon.

If I may ask, is this a valid debt at this time? Do you still owe the person the funds under which he is pursuing you?
Customer: replied 3 years ago.

I provided the professional services that he paid for, but he was able to convince the small claims judge that I should pay him back. We were going to submit our bankruptcy at the time, so I didn't show up in court.

Legally he has a judgment against me. We will be filing BK in a month or so.

Thank you for your follow-up, Tom.

If he has a formal judgment against you then he can indeed pursue collections. If the property is under your name, he can indeed place a levy against you because there is a formal legal judgment out out against you under which he can seek collections. This is a situation where if he legally has a judgment, he can pursue you, and really the only ways to avoid the levy is to either pay off the debt or to convince the other party to agree to not attach the levy against your property.

I am very sorry.

Customer: replied 3 years ago.

My wife and I are both on the deed. We have no equity, the mortgage is slightly higher than the property would sell for. We already have another lien on the property from a credit card company. There wouldn't be any benefit to selling the property for him.

The levy notice is asking us to file for exemptions, wouldn't this be for the court to see that we have no equity for them to distribute?


Thank you for your follow-up, Tom.

My apologies but having no equity is not an exemption. A property that has no equity today may have equity next year due to local property cost increases. That is not the means of removing the levy.

Good luck.

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