Can a bank levy be reversed?

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Can a bank levy be reversed?

I am a low income mother whose bank account was just levied (about $1600) from an old debt. Is there any way to have them return the money and set up a garnishment (the creditor has refused) so I can continue to pay my bills and support my child while I pay this debt off? Is it too late to force them to accept a payment plan (garnishment) since they now have a judgment?

Asked on July 14, 2010 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you need to do is to go and see a debt counselor for help.  Many states have set up free counseling clinics to help consumers.  Check with your state Attorney General's Office for starters.  But once they have taken the money pursuant to a valid judgement it is difficult to force them to put it back.  You really need legal help with it.  If the judgement was not valid then you could move to vacate but that involves going before a judge and giving good reasons why you want to vacate (if you defaulted why you did not answer and a meritorious defense), of the debt was not a valid debt, etc.  Serve notice on your bank as well so that they do not continue to garnish. Good luck.


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