Legal Question in Consumer Law in California

Can a creditor/law firm file a judgment and levy your bank account without you ever knowing about it until you go to the bank to make a withdrawal?

I thought you would at least have to be served with some kind of notice.


Asked on 12/28/09, 3:22 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You can move to set aside the default and default judgment so that the court could hear the case on its merits, since you were never served with the lawsuit. Please let me know if I may help. By stepping into the case, you will be in a better position to negotiate. In addition, you might have defenses against the claim, including the running of the statute of limitation.

Read more
Answered on 1/02/10, 4:25 pm
Melvin C. Belli The Belli Law Firm

Yes they can if they got a default judgment against you. If they failed to properly serve you, you may be able to get the default judgment set aside, but you had better act quickly as you have a limited time to act an get the judgment set aside so go see an attorney immediately before they garnish your wages or levy your bank account again. In the meantime don�t keep any money in that account.

Good luck and hope that helps.

Read more
Answered on 1/03/10, 1:52 am


Related Questions & Answers

More Consumer Law questions and answers in California