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My bank account has been placed on hold due to court order…

My bank account has...

My bank account has been placed on hold due to court order and levy. What are some next steps I can take? I did receive an intent to file lawsuit from a law firm dated May 28 and my account was placed on hold on Sat July 7

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

I received a letter from a debt relief company so I called them but wasn't able to speak to anyone since it was the weekend. They said they'd call me back (I'm assuming tomorrow, Monday) I also called my bank but they said I'd have to speak to the court order and levy department which is also closed until tomorrow

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The balance they are claiming is $15,401.54 Creditor is Bank of America

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Answered in 10 minutes by:
7/8/2018
Ben S.
Ben S., Attorney
Category: Legal
Satisfied Customers: 660
Experience: President at The Soffer Law Firm PC
Verified

Hello,

I will answer your question but need a few minutes to prepare my response. I'll be back shortly.

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Customer reply replied 1 month ago
Thank you. I also added photos of the letters I am referring to.
Customer reply replied 1 month ago
Just so you have more detailed info^^^

It appears that your creditor, BofA, has sued you on a debt you failed to repay. It also appears that the bank as obtained what is known as a "writ of attachment," locking up your bank account to the tune of $15K. Finally, it also appears that a debt relief outfit has noticed that the lawsuit was filed and is reaching out to you with an offer of help.

The main thing you need to know is that the bank must serve you with a copy of the complaint they filed with the court in the lawsuit. When you are served, you will have 30 days to file an answer to the complaint. If you fail to answer, BoFA will win the case by default and will get a judgment against you in the amount of the debt plus court costs (a few hundred dollars).

If you agree that you owe the money, you could decide to not answer the complaint and lose by default. If your bank account contains at least $15,000, the bank will take the amount awarded in the judgment from that account. (There are certain exceptions to what the bank can take. For example, they are not allowed to take social security benefits, workers comp benefits, 75% of earnings that were paid 30 days before the levy, etc. There are many more exemptions. The topic of exemptions is too complex to discuss in this answer.) Or you could try to negotiate with the bank's lawyers, if you feel confident you know what you are doing.

You could also hire a lawyer to help you defend against the lawsuit, but that won't be for free.

You might also discuss the matter with the debt relief outfit and see how they can help, and how much it would cost.

You will have to assess all these possibilities and decide which option makes the most sense for you.

I hope this is helpful to you. If you found my response to be helpful, kindly give it a 5-star rating. I realize that this would require to take a few steps on the the JustAnswer.com website, but I hope you do so because that's the only way JustAnswer gives me credit for my work. At the very least, please respond to this email with the words "your response was helpful" or "I accept your answer" or words to that effect.

Thank you in advance.

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Customer reply replied 1 month ago
Do you advise I try to contact the lawyers in the "intent to file suit" letter?Also, you said that I need to have a copy of the complaint they filed (which I do not have). Since I don't have this, do they still have the right to put a hold on my account?What can I do to free up my account? There is $900 in there that I transferred over to pay for some bills that I intended to pay on Saturday which was when they blocked it...
Customer reply replied 1 month ago
Should I call Hunt and Henriques and see if they can do anything or will they be unhelpful?

If you have $15,000 in assets (including bank accounts, home equity, stocks, etc), the lawyers for the bank would probably not agree to negotiate a reduction of the loan amount. If you basically broke, you could tell them you will file for bankruptcy and see how they react.

Yes, they can "lock up" you bank account even though they have not yet served you with the lawsuit. But they cannot touch the money until after they get a court judgment against you.

Talk to the bank and tell them you need the $900 to pay for your basic necessities of life and to release the money back to you. They may or many not agree, but you won't know if you don't ask.

I think you should also speak with the debt relief people and see what sort of help they can give you.

Again, if you found my response to be helpful, kindly give it a 5-star rating, because that's the only way JustAnswer gives me credit for my work. At the very least, please respond to this email with the words "your response was helpful" or "I accept your answer" or words to that effect.

Thank you in advance.

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Customer reply replied 1 month ago
Will I be able to save this response or will it be closed out and deleted after we're done?

I don't really know what JustAnswer does with response threads or how long they stay on their site. I do not work for JustAnswer. I am just a user of their site.

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Customer reply replied 1 month ago
Would the lawyers be the ones I contact to try and get the amount lowered or would I contact Bank of America?

At this point, your communications should be with the bank's lawyers.

Ben S.
Ben S., Attorney
Category: Legal
Satisfied Customers: 660
Experience: President at The Soffer Law Firm PC
Verified
Ben S. and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
How would I give you a rating? There's no button for that here...

Thank you for the 5-stars! Good luck in the negotiations.

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