MY CHECKING ACCT HAS BEEN DEPLETED MY ACCT HAS BEEN LEVIED. I WENT TO THE SHERIFFS DEPT TO FIGHT IT,HOW CAN I GET MY MONEY ?

Asked almost 2 years ago - San Jose, CA

I HAVE A COURT DATE NEXT TUESDAY IN OAKLAND

Attorney answers (2)

  1. Sarah Rose Wolk

    Contributor Level 9

    3

    Lawyers agree

    Answered . How to fight this likely depends on why the levy was placed on your account. There is a good chance you will need to file a motion to set aside a judgment or holding that currently exists. If there are court dates set, you probably should attend, and you can indicate at the court hearings why you disagree, and think what is going on is wrong, if that is what you believe.

    The above answer is not "legal advice" as specified under any pertinent rules governing the Professional... more
  2. Wallace E Francis

    Contributor Level 7

    1

    Lawyer agrees

    Answered . As noted by another attorney, you have a judgment against you which has been used to obtain a writ of execution. The Sheriff has served this upon your bank, and now the bank account will be used to satisfy the judgment, minus any funds that are exempt from a bank levy, such as social security. You will need an attorney to help you file the motion to set aside the judgment. Attorneys cost money. Otherwise you can try it yourself, however, it is a difficult process.

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