Legal Question in Credit and Debt Law in Pennsylvania

Bank account levied for credit card debt

Today my bank account was levied for a sears judgment dating back to 2006. I was not notified of the levy until I checked my account and saw that it was in the negative 5,000. The bank told me to contact the law firm. I informed them that I was not notified. They said that they sent it to my old address which I have had a forwarding address on for over a year. They also put a levy on my account that has my payroll direct deposit. Do Ihave any grounds? Shouldn't I have been contacted. We live in Merion Station Pa. What should I do?


Asked on 5/29/09, 11:21 pm

1 Answer from Attorneys

Greg Artim Morrow & Artim, P.C.

Re: Bank account levied for credit card debt

You have to be contacted about the lawsuit. When it was filed, it should have been delivered to you by the Sheriff. Did that occur?

If you failed to respond, which it appears is the case, then they were awarded a default judgment. You would have received written notice of the judgment via mail. With that judgment, they can immediately garnish a bank account. There is no prior notice of the garnishment.

Regarding your claim that the account is negative 5000, that cannot occur. They can only take out what is in there. If it is negative, it is because the garnishment occurred while you had $5000 in outstanding checks. If that occurred, its on you.

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Answered on 5/30/09, 10:05 am


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