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

Asked almost 2 years ago - Concord, CA

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)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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...

    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... more
  2. Eric Jerome Gold

    Pro

    Contributor Level 19

    Answered . 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... more

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