Bank Levy / Garnishments

California Child Support Bank Levy / Garnishments
Scales of Justice

Bank Levy / Garnishments

If you owe back child support, the County will be trying to levy/garnish any bank accounts that they can locate.

The County may also sometimes make a mistake and levy/garnish the bank account of someone who has some connection to you (i.e., a Third Party).

Contesting Levy/Garnishment against your Bank Account.

There are a number of ground for which you can claim an exemption, including the fact that the garnishment would cause you and/or your family to suffer financial hardship.

The most important consideration is that you act immediately– you only have 10 days from the levy to file your Claim (and sometimes you may not learn about the levy until days after it has happened).

Contesting Levy/Garnishment of Funds belonging to a Third Party.

Sometimes the County can make a mistake and levy/garnish from out of the bank account of someone you know — such as a relative, business associate and/or anyone else with some financial tie to you.

These types of levies can be successfully contested if the third party can show that the funds actually belong to him or her.

We had a situation where the County garnished $75,000 from the account of a doctor (who was a third party). The only reason for the levy was because the doctor and the parent (who did owe child support) at one time had a business relationship.

We were able to successfully demonstrate that all of the money was traceable as belonging to the doctor, and the County therefore released all claim to the funds.

The most important consideration is that you act immediately– you only have 10 days from the levy to file your Claim (and sometimes you may not learn about the levy until days after it has happened).

If you believe that you may be entitled to legal relief, you may set up a consultation by emailing us or calling (310) 479-2441.

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