Legal Question in Construction Law in California

when i was married, we had a construction business. there is a personal judgment against us(my ex-husband signed a personal garuntee). foward 15yrs. a levy was put on my personal account in which i just deposited the remaining of my mothers retirement money(shes 75yrs..closing her acct) can they seige that money..i have my mothers retirement paperwork..sent to opposing attorney, they rejected it


Asked on 12/01/10, 12:27 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Can they grab the money? It's certainly possible! The fact that it's been levied upon is a sure sign that it's likely. Whether the levy and seizure is fully lawful and not subject to any exemptions is another matter. Judgments expire in ten years, but can be renewed. Your best defense might be that the funds on deposit aren't yours, that they are held by you for your mother as a trustee......but whether this theory will hold up in court depends upon additional facts, including exactly why you are putting your mother's retirement money in your bank account. Are you her conservator? If you are just meddling in her affairs, a court may not be very sympathetic and could deny you relief.

I have looked at some case law in preparing to answer your question that suggests you may be able to protect these funds by establishing that they are indeed trust funds deposited by you in trust for your mother, notwithstanding that there is no express trust. (The cases are relevant, although the ones I've looked at so far are not 100% on point).

One of the cases strongly suggests that you may improve your chances of preventing a seizure if the bank is placed on notice that the funds are, or may be, trust funds held by you for another. Thus, I suggest you so advise your banker, preferably in writing.

I also suggest you retain legal counsel immediately. You may be in a real legal jam.

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Answered on 12/06/10, 1:58 pm

Mr. Whipple is quite correct that you are in a real legal jam. Someone needs to file a proceeding called a "Third Party Claim" on your mother's behalf immediately. The time may even have already passed. You cannot file it yourself, because it is her claim and that would be practicing law without a license.

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Answered on 12/06/10, 4:08 pm


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