ppnj4
02-23-2009, 06:19 AM
Last year my husband and I had two judgments entered against us, there will be many more to come. The first creditor requested a levy. We were notified by the sheriff's office that there was one pending and had 10 days to respond. $100 fee was assessed by the bank when the put our funds on hold and after 3 months the amount on hold minus the bank fee was returned because our income (child support & unemployment) is exempt.
Saturday I went to use my account only to find it was empty, a new levy by a separate company was placed. This time it was $125 fee plus I have 10 transactions pending (at $32 a piece in overdraft charges now). I received no notice from the sheriff's department this time, and I had $1900 in unemployment money deposited the day the levy was set. That money would have more than covered my transactions. I can't believe the bank doesn't have to honor those before removing my funds!!!
I can not bankruptcy because I had one discharged in 2004, and our only funds right now are unemployment and my child support. With unemployment I "make" too much to qualify for the counties legal services and I can not afford a lawyer. Though legal services was nice enough to tell me with out bankruptcy I could do nothing about the judgments and would continue to go through this "levy" process. I know that I will get the money back (minus the fees) because it's exempt but my question is this. Is the company that issued the levy responsible for the following if the levy isn't granted:
A: The fee charged by my bank to put the account on hold ($125)
B: The overdraft fees I incurred because the money was pout on hold ($32x10)
C: Or at the very least can those fees ($32x10) incurred be credited against the money I owe to the creditor
Also, any ideas on how to live bank free (as they use my social not my account information, that's why they took the $1.65 sitting in my daughters account, yes that's right they took $1.65 from my kids bank account)
Saturday I went to use my account only to find it was empty, a new levy by a separate company was placed. This time it was $125 fee plus I have 10 transactions pending (at $32 a piece in overdraft charges now). I received no notice from the sheriff's department this time, and I had $1900 in unemployment money deposited the day the levy was set. That money would have more than covered my transactions. I can't believe the bank doesn't have to honor those before removing my funds!!!
I can not bankruptcy because I had one discharged in 2004, and our only funds right now are unemployment and my child support. With unemployment I "make" too much to qualify for the counties legal services and I can not afford a lawyer. Though legal services was nice enough to tell me with out bankruptcy I could do nothing about the judgments and would continue to go through this "levy" process. I know that I will get the money back (minus the fees) because it's exempt but my question is this. Is the company that issued the levy responsible for the following if the levy isn't granted:
A: The fee charged by my bank to put the account on hold ($125)
B: The overdraft fees I incurred because the money was pout on hold ($32x10)
C: Or at the very least can those fees ($32x10) incurred be credited against the money I owe to the creditor
Also, any ideas on how to live bank free (as they use my social not my account information, that's why they took the $1.65 sitting in my daughters account, yes that's right they took $1.65 from my kids bank account)