Can a creditor levy my bank a second time if they did not respond to my “Claiim of Exemption”?

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Can a creditor levy my bank a second time if they did not respond to my “Claiim of Exemption”?

I have a judgment against me from a creditor. Last year they levied my bank account. I submitted a “Claim of Exemption” in time and they did not respond to contest. So monies were given back to us. Now the creditor’s lawyer has sent us a newer letter. Can they again place a levy on our bank accounts when they did not even contest our submitted “Claim of Exemption”?

Asked on August 6, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Although you were successful the first time in blocking a levy upon your bank account by your judgment creditor by filing a claim of exemption, the judgment creditor can make another attempt to levy the very same bank account that it did before.

Perhaps the judgment crediotr is hoping that you will not respond to a second levy with another claim of exemption or if you do, it will not be timely. Or, perhaps the judgment creditor will respond this time to any filed claim of exemption by you.

If you want to end the chasing by your judgment creditor for payment on the judgment against you, and if you can actually pay all or some of it, perhaps agreeing to a monthly payment installment resolves the situation.

Good luck.


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