Monday, December 10, 2012

Collect Debt by Levying Bank Account


Are you at the end of the rope when your judgement debtor refuses to pay up? The answer is no. There are a few things you can do, such as garnish the person’s wage, placing a lien on the person’s property and levy a bank account. 

This article outlines 1-2-3 of the third choices. 

Levying bank account means to take money out of the judgement debtor’s deposit accounts. If you can obtain the debtor’s bank information, such as the bank, the exact name on the account, and the account number. You may file a write of execute at the court’s clerk’s office and then forward it to the sheriff’s office. The writ of execute is a court order, which the bank must follow if they don’t want to be deemed aiding and abetting. 

Note though, the bank can refuse to pay certain funds on the ground that these funds fall into there are few categories of funds that the laws protect from creditors. These are 

  1. Wages. Under federal law, the debtor may exempt up to 75% of his or her wages. Some states allow debtors to exempt even more.
  2. Public benefits.  Social Security, veterans, welfare, unemployment, and workers' compensation benefits.
  3. Retirement plans. IRAs and Keoghs.
  4. Insurance proceeds. In most states, a debtor may exempt disability and health insurance benefits, matured (paid out) life insurance proceeds needed to support the debtor and the debtor's family, and the loan value of most life insurance policies.

Bank levies are an excellent judgment recovery enforcement tool.Typically you can attach all monies in the debtor's bank account up to the full amount of the judgment. Additionally, you can simultaneously attach as many bank accounts as you've located.