What to do if your bank account is wrongfully garnished?

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What to do if your bank account is wrongfully garnished?

I’m being sued. My father and I have the same name but the court put a levy on his bank account. Does he have a case against the city or the company that is suing me?

Asked on December 30, 2010 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your father should be able to get the levy removed, if he can show or prove that it is his account and not, in fact yours. He should also have the right to reimbursement of any costs or losses he has suffered as a result--e.g. any bounced check fees because of a frozen account--though it may or may not be worthwhile economically to pursue that recover. He can't recover more than his actual losses except possibly in circumstanes showing wrongful behavior--not just a mistake or carelessness--on the part of those garnishing his account. He should muster all the evidence he has that this is his account and that the money in it is his, not yours, and start by presenting that to bank, creditor, and/or court; a lawyer can be very helpful in sorting this out.


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