Can a Writ of Execution from one state be used to place a levy on a bank account established another state?
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Can a Writ of Execution from one state be used to place a levy on a bank account established another state?
A writ of execution from a county superior court was issued to a woman to place a levy on her bank account; all from another state. The woman has the same name as my wife (who resides in our state) and the bank incorrectly placed a levy on my wife’s account (which was established in here). Ignoring the fact that the SSN from the Writ didn’t match my wife’s SSN, did the bank have a legal right to place a levy on an account that wasn’t in the county where the Writ was executed?
Asked on April 12, 2012 under Bankruptcy Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A writ of execution in one state cannot be used to place a levy on a bank accountestablished in another state. Rather, what needs to first be done with respect to a levy from an out of state judgment is to file an application for a sister state judgment in the state where the judgment debtor has assets. Once a sister state judgment is approved in the county and state where the judgment debtor has assets, then the judgment creditor then goes through the process of getting a writ of execution issued, a notice of levy and start the levy process.
From what you have written, it is hard to determine if the levy procedurally was defective. However, factually it was defective in that your wife was not the judgment debtor. If her assets were levied upon for a judgment not against her, I suggest that she consult with an attorney that practices in the area of consumer debt law.
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