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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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LVNV has garnished my checking and savings account. I don't

Customer Question

LVNV has garnished my checking and savings account. I don't know who they are
JA: The Consumer Protection Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please give me a bit more information, so we can help you best.
Customer: like what?
JA: Is there anything else important you think the Consumer Protection Lawyer should know?
Customer: All of my money is gone! What do I do?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am sorry to learn of this situation.With the bank levy you should have been served with a "notice of levy" as well as a notice of how many days you have to file a "claim of exemption" (this varies from one state to another, but generally you have 5 days from the date you receive the notice).You will want to file that claim of exemption right away.To identify who it is that did the bank levy, you will want to look at the court file (bank levies and wage garnishments can only happen with a court order, and only happen after the entry of a court judgment (so somebody went to court, filed a lawsuit, and has already received a court judgment against you)). The document you received will have the information regarding the court that issued the judgment, as well as the plaintiff's name (the judgment creditor). You can go to the courthouse (or pay a process server to do so for you) to pull the case file and identify who your creditor is.You can also contact the creditor (or their attorney) directly (their contact information should be on the form (most forms will include this on the top left corner of the first page).If you find that the judgment, or the writ, were issued in error, you can then go about attacking those issues, but make sure that you file your claim of exemption to the bank levy!You can usually get forms to assist you with this claim of exemption at the court's self help center, some states do have online forms.
Customer: replied 1 year ago.
I have received nothing. I called the bank and they said it was LVNV court order received yesterday.
Expert:  CalAttorney2 replied 1 year ago.
You should be receiving the document shortly (bank levies work by removing the money from the account, then serving the judgment debtor promptly afterward - they generally are served within 5 business days, although most process servers do so sooner).You can ask your bank to forward you a copy of the order.If you have been sued by anyone, that would be a good place to start.