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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 ?

San Jose, CA |

I HAVE A COURT DATE NEXT TUESDAY IN OAKLAND

Attorney Answers 2

Posted

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 Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and involve local laws and facts which may not be effectively communicated without a complete consultation.

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Posted

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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