The judgment debtor changed the bank account number and I had the old tax and bank numbers. Do I have to resubmit the Notice? What if I do not and no one notices?
You have not posted your question in the Debt Collection forum of Avvo and I am a tax attorney. However, based upon the attached blurb that I found from the Solano County Sheriff, a judgment creditor is not required to list the account number of the judgment debtor on a Notice of Levy:
A bank levy is made by a Sheriff's Deputy who serves a financial institution (bank, savings and loan, or credit union) a copy of the Writ of Execution/Money Judgment and a Notice of Levy requesting funds or property in all accounts and safe deposit boxes under the judgment debtor's name that are held by the financial institution.) The account number and/or social security number is not required to make the levy but this information is helpful in identifying accounts held by the judgment debtor. The levy must be served at the specific branch where the account is maintained and only attaches those funds in the account at the time of service. The financial institution is required to remit monies from the judgment debtor's account to the Sheriff within 10 days after the service of the garnishment or explain why funds will not be remitted. A copy of this explanation called a memorandum of garnishee is sent to the judgment creditor or the judgment creditor's attorney.
If the judgment debtor no longer banks at the same bank or branch office, then you will need to track down the debtor's new bank information and provide that information to your county sheriff so that it can issue a Notice of Levy to new bank or branch office. Good luck in your collection efforts!
The answer to this question does not establish an attorney-client relationship. Moreover, this attorney is licensed to practiced law ONLY in the State of California. Answers to questions from users in other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state to address their specific tax issue.
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