Ross, CA asked in Bankruptcy, Collections and Consumer Law for California

Q: I received a levy notice based on some credit card debt from years ago, I own nothing, do I need to respond somehow?

Couldn't keep making payments due to my employer not paying me (still owes me for a months work, i quit, just started new job), the collection agency turned it over to a lawyer I guess? Who is now seeking to levy on "any and all accounts and safe deposit boxes standing in the name of the judgment debtor"?

3 Lawyer Answers

A: If you have any money in that bank, (should be name of the bank on the levy), the creditor is going to get it. They are after you, and don't be surprised if they somehow find out where you work and hit you with a wage garnishment.

I suggest you deal with it. See a local bankruptcy lawyer for further guidance.

A: You really should sit down with an attorney right away. It's very hard to give you precise guidance without more information. Whatever you do - it should be today because once you get notice of a levy the next step is they take your money.

A: I agree with my colleagues. Apparently, you were sued, you did not defend and the creditor obtained a judgment against you for the debt which will accrue interest on that debt. With the judgment they can garnish your wages, levy on bank accounts and record the judgment in counties where they think you might have real property in your name. Unfortunately, the judgment is valid for 10 years and then can be renewed. This is not going away. I urge you to seek advice regarding your options - including bankruptcy.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.