Does Anyone Know How a Bank Levy Works?

Updated on March 18, 2011
J.S. asks from Boston, MA
7 answers

Ugh I'm so mad at DH that I could spit fire right now. His daughter moved in with us at the end of December and although he and her mom signed and notarized a stipulation of the parties and a modification request saying that she lives here and we no longer need to pay child support as of her move in date, he still hasn't filed this in court. He's gone a couple of times and it's always "you need to fill out this form, and this form, and we need to serve her, so get all of her new contact info" etc. so the paperwork is here, unfiled.

So...according to CSE he owes $900 in child support and they levied an old joint bank account of ours. Here's the thing - we don't use this account and had all of $20 in it when they did the levy, which is scheduled to lift in 2 months, so that account has a -$900 balance. A levy on a bank account in which we have no money doesn't hurt us in any way. Will they figure out that the account had no money in it anyway and go after his accounts that we actually use? I talked to the bank that was levied and they're just like yeah, whatever, it's just there and if you deposit into the account it will chip away at the negative balance but we're not going to go after you for it or anything. So did we just luck out here that they went after the wrong account or do I need to move everything out of our active joint accounts at our other banks into just my accounts and basically have him live on cash until this gets straightened out in court?

Thanks for any insight...

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So What Happened?

Thank you - he has no other accounts with this bank so I'm not worried about them going after another account at this bank, and his credit is already trashed so that's not a huge concern right now. So if I understand this correctly, CSE now has the money they are looking for and the bank can't reverse the levy even though there's nothing in the account? So our worries now are, in addition to taking care of this long term to prevent a repeat of this and stop the accrual, tracking the payment from CSE to see if it gets to the non-custodial mother (which we'll get back from her and deposit into the account to bring the balance up to $0) and doing this quickly enough to keep the bank from going to collections? Does anyone know how long it takes CSE to process levied funds into a payment to the other parent (rough timeframe - day vs. weeks)? Thanks again!

More Answers

C.O.

answers from Washington DC on

jennifer:

If you work - take a day off with your husband and go to the court house and get this FIXED NOW!!!

The bank outright lied to you - if you have a delinquent account - they WILL go after you for it. They will close the account after a certain time then if you have other accounts with them - they will take from those accounts. Is it right? NO WAY!! Once they do this - if they cannot collect from you - they will turn it over to a collection agency. The collection agency will do what they can and will to collect the funds as well - your credit will be ruined. This levy is most likely now attached to your credit report.

The state will go after you - for all the child support - with taxes due - they will levy any and all of your refund that you might get...by law they are entitled to do that as you have a court order which stipulates monies are due!!!

GO WITH HIM TO THE COURT HOUSE AND GET HIS MESS STRAIGHTENED OUT NOW!!!! BEFORE IT GETS WORSE!!!

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S.H.

answers from Jacksonville on

You need to get this fixed with the courts. The bank can and will take the funds from another account you have with them after a certain period of time of the account sitting negative.

J.S.

answers from Jacksonville on

Ok, I worked at a bank for 10 years. Usually whenever there is a levy attached, they will place a hold on the account, but not actually draw it negative. So any money you put into the account will be sent to the CSE. There is usually a time period for which the levy is placed. So after that amount of time, it will fall off. The bank shouldn't close the account or anything because they are out no money. They can go after any account listed in your husbands name, that includes joint accounts. My advice is to open an account at a different bank in your name alone until this is resolved. I hope this answers your questions.

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R.J.

answers from Salt Lake City on

They will find the other accounts and levy them CSE can be some nasty stuff. He needs to call them show them the papers FILE the papers immediately dont mess with these people. Move your money out of a joint bank account or take his name of your account I dont think they can go after your checking just his but you might want to check with that first. Good luck

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L.R.

answers from Washington DC on

This also could harm your credit rating, possibly. He and you need to get this straightened out first thing Monday. Ask to sit down with a banker and don't get up until whatever needs to be done -- money moved, whatever -- is done right in front of you. I would think the court would have to be involved as well,since clearly you'd want the levy lifted or altered or whatever since the child is now with you, and only the court, not the bank, can do that.

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J.C.

answers from New York on

The bank should give you a number to call. If there is a leftover balance, you can pay it directly bu phone. That will free up your account. Just realize that you should do it ASAP as they will freeze other accounts in his name as well. That's what levys do.

A.J.

answers from Williamsport on

Heck ya, they will come after any account you are in. Withdraw your money, pay bills with cash and money orders, and get this straightened out PRONTO. You sure did luck out not having the money there, but they will find you.

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