What to do if my bank sent me a letter from a law office that obtained a Notice of Levy/Execution?
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What to do if my bank sent me a letter from a law office that obtained a Notice of Levy/Execution?
It is a legal process that allows a creditor to remove funds from my bank accounts. I haven’t received any paperwork from the creditor or the courts concerning this notice.
Asked on December 31, 2012 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
This letter forwarded by your bank is generally the end result of a lawsuit in which a judgement has been rendered against you. What you seem to be saying here is that you had no notice of the suit and were not served with any paperwork regarding same. That means that the judgement was most likely issued "on default." What you need to do immediately is to secure the funds from that account so that they can not be levied and go to court to do a few things. You need to get a stay of the levy by filing an order to show cause to vacate the judgement based upon the the creditor's failure to properly serve you with the paperwork in the lawsuit. Specifically ask for the stay. You may need to show a "meritorious" defense to the underlying suit as well as improper service. Good luck.
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