Waldorf, MD asked in Real Estate Law for Maryland

Q: My bank account has been levied. Can they take all of my money out ? or is there a certain amount that can be taken ?

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: If it is a levy, that usually freezes the entire account until the parties return to court to condemn the funds. It is not uncommon for the bank to terminate its relationship with the customer after the levy is paid. It is often convenient to negotiate payment of the debt to free up some of the funds if they are not all owed or to maintain a relationship with the bank.

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Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: The question does not describe the context but I'll assume that the asset seizure stems from a judgment which someone is trying to collect.

Maryland law exempts certain amounts from garnishment, but the exemption is not automatic. Very generally speaking Maryland allows an individual a sum total of $6,000 to exempt from garnishment. Additionally, some sources of money (such as social security) may be exempt from garnishment. In other words, a creditor with a valid judgment can usually get whatever the debtor owns (bank accounts, cars, homes, furniture, cash, etc.) but the law gives a little "breathing room" if (and only if) the judgment debtor seeks it in a timely fashion.

If a creditor has seized your bank account through garnishment / levy, you will need to proactively seek exemption with the courts, or lose the exemption. The law imposes strict timeframes and action should be taken promptly after getting notice of a seizure.

While I hope this general information helps, it is not legal advice or an offer to represent and you are encouraged to find an attorney to help with any pending action against you.

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