Legal Question in Credit and Debt Law in California

Legal hold placed in bank account and then taken

There was a legal order hold placed on my account 4 days ago and now the money was taken. Currently i'm in the middle of filing bankruptcy and am working with a lawyer. He said everything would be fine and he was handling things. What can be done? $7000 was taken and now I am overdrafted. Me and my wife get our direct deposit in there. Should we stop our direct deposits? Will more funds be held? I'm surprised wells fargo didn't even tell us that a hold was being placed. What can we do at this point? When our lawyer deals with this, will we be able to get our money back? Any info would be helpful. Thanks


Asked on 4/16/09, 2:29 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Legal hold placed in bank account and then taken

Don't hold your breath waiting to get your money back. A bankruptcy filed prior to the levy being placed on the account, or even before the funds were withdrawn would have stopped this. At this point, however, unless you can trace the funds to an exemption from levy, its not likely your attorney will be able to recover them in the bankruptcy. Alternatively, the Trustee may seek to have the funds returned as a preference, but unfortunately, if he gets them, he is just going to turn around, pay himself and then distribute the funds proportionally to your creditors. At this point, you need to camp on your attorney's door and find out why he hasn't filed your case yet.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/16/09, 12:20 pm


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