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Bank account has been levied. Can we get the money back?

Palmdale, CA |

My brother has a court ordered schedule payment program for child support arrears. He is current on his payment however, child support services has levied his account completely wiping him out and putting him into a negative. He has already spoken to the officer handling his case and she instructed him on how to put together a “hardship package”. We did this and turned it in already. At this point they have no updates on the situation. Is there a way to get his money back? He was saving up to negotiate a settlement with them so he can start moving on with his life.

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Attorney answers 1

Posted

He was current on his payment but they levied his account anyway? Are you saying they made a mistake? Or, is there a valid legal reason they levied his account that you disagree with? That makes a huge difference. You need to provide more information, including how much money is involved, when the money was taken, etc.

Asker

Posted

We have proof that he was current and when he went in to talk to the officer on the file she admitted that yes, he is current. She gave no other valid potential reason as to why except that they have to right to go after his funds. That's why she said to put a hardship package together. We put the online statement in there and showed it being pulled out of every pay check as ordered. $8k was taken out on May 1st. He spoke to the office on May 3rd. We sent the package in that day. As of today, no update.

Donny Emil Brand

Donny Emil Brand

Posted

Based upon the facts as stated, there appears to be a failure by the agency to provide adequate notice pursuant California Family Code Section 17522. That, or your relative ignored all the letters and notifications that they should have sent. You should hire an attorney to attempt to get that money back.

Asker

Posted

Only notice received is a letter two days ago stating that the money has been taken out by levy and that funds were in a escrow account the 10th(today) at which time will be released. What is the process to retrieve the money? How long the typical process? What are the typical fees to handle a case like this? By the way, thank you for your responses.

Donny Emil Brand

Donny Emil Brand

Posted

Has the bank released the funds yet to the levying officer? You have ten (10) days from receipt of the Notice of Levy. If today is listed as the last day, you MUST contact the levying officer and oppose release of the funds ASAP by filing a Claim of Exemption, a Financial Statement, and a Declaration and serve it upon the levying officer pursuant to court rules and laws. Otherwise, those funds will go to the alleged creditor and it will be much harder to get the money back. If today is the last day - act now! Fees vary - but a fair flat fee would be in the neighborhood of $1k - depending on whether or not it goes opposed or their is a hearing or other action that needs to be taken.