Skip to main content

What does served w/a writ of garnishment. Customer has no access or entry mean on safe deposit box ?

Concord, CA |
Filed under: Wage garnishment

why is there is a hold on a deposit box that has two different people's names on it?
Why is the the no access to the box by customer is for two years?
why is the levy to execute writ on the checking account of has been removed ?
This garnishment is from a collection agency for private student loans that is complete fraud, but right now the urgency is to take care of the deposit box.
How many days does the person who owns the box has to claim it is theirs, and I was an authorized user before the debt collectors garnish anything ? Unfortunately my bank does not have an authorized user category, they have you as co owner.
This is all fraud, but I'm not sure what is the most efficient thing I can do without a lawyer.

Attorney Answers 2

Posted

You should contact the bank manager regarding the status of the safe deposit box levy. With respect to your bank accounts you need to file a claim of exemption and supporting financial declaration with the Sheriff.

You might find this link helpful: http://www.judgmentbuy.com/SafeDepositBoxLevies.html

Code of Civil Procedure section 700.150 reads which governs levies on safe deposit boxes reads: “700.150. (a) Subject to Section 700.160, to levy upon property in a safe-deposit box, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the financial institution with which the safe-deposit box is maintained.
(b) At the time of levy or promptly thereafter, the levying officer shall serve a copy of the writ of execution and a notice of levy on any third person in whose name the safe-deposit box stands. Service shall be made personally or by mail.
(c) During the time the execution lien is in effect, the financial institution may not permit the removal of any of the contents of the safe-deposit box except as directed by the levying officer.
(d) Upon receipt of a garnishee's memorandum from the financial institution, as required by Section 701.030, indicating a safe-deposit box is under levy, the levying officer shall promptly mail a written notice to the judgment creditor demanding an
additional fee as required by Section 26723 of the Government Code, plus the costs to open the safe-deposit box and seize and store the contents. The levying officer shall release the levy on the safe-deposit box if the judgment creditor does not pay the required
fee, plus costs, within three business days plus the extended time period specified in subdivision (a) of Section 1013 for service by mail by the levying officer.
(e) The levying officer may first give the person in whose name the safe-deposit box stands an opportunity to open the safe-deposit box to permit the removal pursuant to the levy of the property levied upon. The financial institution may refuse to permit the forcible opening of the safe-deposit box to permit the removal of the property levied upon unless the judgment creditor pays in advance the cost of forcibly opening the safe-deposit box and of repairing any damage caused thereby.
(f) During the time the execution lien is in effect, the financial institution is not liable to any person for any of the following:
(1) Performance of the duties of a garnishee under the levy.
(2) Refusal to permit access to the safe-deposit box by the person in whose name it stands.
(3) Removal of any of the contents of the safe-deposit box pursuant to the levy.”

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful

1 found this helpful

1 lawyer agrees

4 comments

Asker

Posted

thank you this was very helpful. What does e) mean? Can the other person remove what they need to remove? e) The levying officer may first give the person in whose name the safe-deposit box stands an opportunity to open the safe-deposit box to permit the removal pursuant to the levy of the property levied upon.

Asker

Posted

i mean the main deposit box owner

Asker

Posted

who is the levying officer?

Asker

Posted

does f) 2 means the deposit box owner can access her account?

Posted

Mr. Daymude has provided you with a detailed response. At this time, your most prudent course of action would be to speak to a local attorney regarding this situation.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

Mark as helpful

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics