Need A Riverside Bank Levy Served?

Lots of people question how to do a bank levy to accumulate the money owed on their court judgment. After all, bank levies are a fantastic method to get the court judgment paid at one time. It doesn’t matter if your judgment is from Small Claims Court or regular Civil Court.

Here are a few things you should consider:

#1 Do you know where the debtor banks?

In some cases, you may have an old check from the debtor. Or possibly they were a former buddy or business partner, and you know exactly where they bank. Of course, they could have closed their account to prevent you from finding them, but it’s worth a try to look.  There are numerous legal means to locate a person’s bank account. Do a search on Google or contact your legal representative for aid.

Suggestion: Most individuals bank at one of the major banks in a location. If all else fails, put a levy on all of the banks at the same time. In many states besides California, it doesn’t matter which branch you levy upon. Any type of levy on any sort of branch is good for all accounts held by that bank at any area in the state. Here in California, you’ll need to be a bit more diligent.

#2 How much will it cost?

The price of levying a bank is minimal in many states. You require a Writ of Execution (often called a Writ of Garnishment), which costs anywhere from $7.00 in California to over a hundred dollars in Florida. Then you could ask the sheriff to serve the bank for you. The Writ of Execution is the tool the sheriff utilizes to place the levy on the bank for you. The writ tells the sheriff how much your money judgment was for, what fees you’ve incurred up to this point, and the amount of interest due on the judgment. This “writ” is verified and signed by the court, then mailed back to you.

A lot of states have an internet site where you can get their writ online in a PDF file. Or you can find one for a small cost at Legal Zoom. When you have the writ, simply enter the information and the amounts. Be sure to compute interest too, based on your states interest rate annually.

In most states, when you complete the Writ of Execution, you’ll also need to complete an accompanying form called a “Memorandum of Costs.” This “memo of expenses” is where you validate the interest as well as the explanation for the added court prices you may have had, such as a income withholding orders and process services.

This might seem complex, however if you take it a step at a time it’s fairly simple. Fill out the forms. Call your court to obtain the precise price for submitting the writ. The court may well have a free legal adviser who can offer you certain information about exactly what goes where on the writ. Fill it out and either mail it in or take it to the court with a check to cover the charge.

Then call the sheriff to see what the expense is for serving the bank or banks. In some counties sheriffs don’t perform bank levies, so you’ll have to utilize a Registered Process Server. They cost a bit more but they are worth it due to the fact that you can levy the bank on the specific day you wish.

#3 When should I levy the bank?

In a great deal of cases you will not know when the debtor has the most cash in the account. However, you might know if the debtor gets a direct deposit payment. If so, it’s best to levy around the 2nd or the 16th of the month. Also, if your debtor is a tenant, then factor in when you think the property manager will cash the debtor’s rent check. Then just levy the bank prior to the check cashing.

If the debtor has a residence and pays a home loan, the mortgage will most likely be due by the 15th of the month. In some cases it’s best to levy around the 5th of the month. That’s most likely when the most money is in the account. And don’t stress if the debtor banks at the same bank that holds his home mortgage. The bank still needs to honor your levy. It’s the law.

#4 Levy the appropriate bank.

If you are going to levy the bank on a particular day of the month, then hire a registered process server because they can do it at the specific day and time that you ask for. A sheriff will do it when they get around to it. After the bank is levied, be patient. They will freeze the account and all funds in it up to the quantity of the writ. The bank will then hold the funds for roughly 15 days and then turn it over to the sheriff. The sheriff will also hold it for some time before sending it to you.

The debtor does have a possibility to file a “Claim of Exemption,” declaring that the cash in the account is exempt for some reason or other. This occurs in only about 15% of the cases, so don’t worry about it unless it happens. If it does, call the court to see what your options are.

Inform them you wish to file an opposition to the claim of exemption, and set a hearing. Then the debtor will need to appear and explain why the cash is exempt. Typically they have no good reason at all, and the court will rule in your favor. It’s an extra step and a bit of an inconvenience, but worth it to follow through.

Nothing takes place rapidly when you are dealing with the federal government, so continue to be patient. The sheriff will notify you by mail the total amount of cash that was levied.  The check should show up in about 30-45 days. Due to spending cuts in certain counties, it might take even longer. Call the sheriff for the exact length of time.

If you’re trying to find Riverside process servers that take care of bank levies throughout the State of California, call JPL Process Service at (866) 754-0520 for quick turnaround, friendly rates and the assurance your documents are served correctly and on time.