An attachment is a bank account levy that is caused by an outstanding judgement from a creditor, government, or the IRS.A portion of the money in a bank account is frozen in an attachment.When people can't access the funds, it is possible to fight it with some quick action.The steps to contest the attachment will be included in the Notice of Levy.It is possible to get the funds back if the attachment does not have legal standing.
Step 1: Receive notice that there is an attachment.
You have to be notified by the bank that there is an attachment on your funds.The funds are already levied and the "Notice of Levy" is usually received after that.When you can't access the funds in your account, most of the time.
Step 2: Records the key information from the notice.
To object to the attachment, the bank needs to include a list of rights and deadlines.Make sure to write these down.You can't get your money back if you miss a deadline.
Step 3: Outstanding checks and payments can be managed.
Outstanding checks or other payments are returned when the account is frozen by the bank.To make alternative arrangements to process the payment, create a list of all outstanding payments and contact those entities.The bank may still process transactions if your account is more than the assignment's value.
Step 4: You should know who to challenge the attachment.
The case that generated the attachment will be identified by the Notice of Levy.If you want to file a motion in the court explaining why the attachment is not valid, you will need this information.
Step 5: You can contact the creditor.
Contact the creditor or their lawyer if you are prepared to challenge the attachment in court after you understand your rights.Explain what grounds it is not valid and how you plan to fight it in court.If your exemption case is strong, this may be enough for the creditor to make alternative payment arrangements.The creditor already has your money, so you need a strong case to get them to release it.You can enter into payment arrangements with some government entities.
Step 6: Decide what to do next.
Try to reach an agreement with the creditor while preparing the paperwork to appeal the assignment.Ten days is a short time to challenge the attachment.You need to file by the deadline if you don't resolve the dispute directly with the creditor.
Step 7: To contest it, you must complete the required forms.
It's time to file an exemption with the court if you weren't able to negotiate.The reason why those funds are exempt will be included in the court filing.You may need to file a declaration.If you retain legal representation, this may make the process easier.There are a few examples of related paperwork in California.The claim of exemption can be found at www.courts.ca.gov.
Step 8: Understand the exemptions.
Basic life necessities, wages, child support, retirement funds, and social security can be included in exempt funds.The attachment is not valid if the funds are exempt.The Treasury Department has rules in place that prevent the attachment of funds that are linked to social security benefits.The bank is supposed to review the account for social security deposits, but not to freeze them.
Step 9: Attach documentation to the filing.
Attach pay stubs, utility bills, bank statements, court ruling for child support, and anything else you can think of to demonstrate your case to the court.
Step 10: The paperwork should be filed with the court, sheriff or officer.
To file with the court, Sheriff or levying officer, you have to make at least three copies of every form.The instructions for where to file the paperwork should be on the notice you received.If you want to file location, the original Notice is your best option.
Step 11: Wait for a response.
Within 10 days, the exemption is granted if the creditor agrees to your filing.You will get the money back at this time.Notices of a court hearing will be sent to you if the claim is opposed by the creditor.
Step 12: The local process should be followed.
The day before the hearing there is a tentative ruling released.The Clerk of Courts website can be used to check this.In some states, you have to attend the hearing to get a ruling.
Step 13: Get the results.
The judge will make a ruling if you had a hearing.It can be for all of the amount in the attachment.After the ruling, you can either release your funds or grant them to the creditor.