Can I delay serving notice to the debtor so that the sheriff has time to levy bank accounts?

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Can I delay serving notice to the debtor so that the sheriff has time to levy bank accounts?

Once the court as issued a writ I am to instruct the sheriff to seize on banks, wages, etc. At this time I need to serve notice to the debtor via process server or other qualifying method. My question is; can I delay serving notice to the debtor so sheriff can levy bank accounts? Just don’t want the debtor to receive notice before the sheriff has had a chance to seize funds in their accounts.

Asked on February 19, 2011 under Bankruptcy Law, California

Answers:

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

Answered 10 years ago | Contributor

No, I am sure that you can not do what you wish to do because that would violate the rights of the debtor with regard to the levy on their accounts.  Certain funds are not entitled to be garnished under the law (social security benefits, certain pensions, disability benefits, etc.) and a debtor is permitted under most state laws (as well as federal laws) to file paperwork to stop garnishment of exempt funds.  Denying them their rights under the law would just delay your right to execute on the funds because they would move to set aside the levy as improper.  If you went through all the trouble and jumped through all the legal hoops to obtain the judgement do not get yourself in to trouble now.   


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