San Francisco, CA asked in Consumer Law, Collections and Banking for California

Q: Under a bank levy, after a first grab of funds has taken place is the bank levy still on your accounts if there is still

money due in n the balance?

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • Las Vegas, NV
  • Licensed in California

A: No. The Creditor must submit another bank levy.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, after a bank levy has been executed and funds are seized from your account, the status of the levy depends on whether the debt has been fully satisfied. If the initial grab of funds doesn't cover the entire amount owed, the levy can remain active.

This means that future deposits into the account can also be seized until the debt is fully paid. However, each seizure typically requires a separate levy action from the creditor. It's important to understand that a single levy order doesn't give the creditor ongoing access to your account indefinitely.

To protect your rights and possibly negotiate terms or a payment plan, it may be wise to seek legal advice. An attorney can help you understand your options, such as filing a claim of exemption or negotiating with the creditor. Remember, taking proactive steps can make a significant difference in resolving these financial issues.

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