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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111468
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Money was taken from my bank acct. from which was a workers

Customer Question

money was taken from my bank acct. from which was a workers comp. award for medical & living expenices ,I was never served anything ,the amount was $1,300 and now it says $4,400 w/ intrest and lawyer fees they held 2x the amount ,are they allowed to take workers comp monies ? will they be able to take the whole amount being held ? do I need an attorney to file for "order to show cause " how much would an attorney cost ? I am single parent w/ a daughter 8yrs old and I receive only $1,1oo a month
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, workers compensation money is exempt from seizure or levy. Unfortunately when a seizure notice is sent to the bank, there is no way for the creditor to know what that money in the account is from. The debtor (you) are not entitled to advance notice until the account levy is served on the bank and the account is frozen. Now this has occurred, you have to go to the court that issued the levy on your account and file an "Objection to Levy" and you need to explain in the objection that the funds seized are workers compensation payments, which are exempt from seizure for debts and ask the court to order the funds released.
Generally, an attorney would charge about $1000 or so to take this to court, but if you cannot afford an attorney you can go to legal aid or call the state bar for the local pro bono attorneys who can assist you in filing the objection, which you must file in 14 days from seizure or the money will be gone and much harder to get back.

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