Bank Acct Levy In NC

Discussion in 'Credit Talk' started by tired mama, Nov 13, 2003.

  1. tired mama

    tired mama New Member

    Can Bank Accts be levied in NC for Credit Card Debts after a Judgement has been received? I know there is no wage garnishment for CC debt but I am unsure about Bank Levy. I know they can levy for taxes and child support but what about credit cards? I do not have any judgements against me at this time but I also do not have any money to pay and about 2 years befor the SOL will run out so I'm sure I will see a courtroom sometime soon. I worry constantly that I will be sued and have my bank account levied. The only money ever in our accounts is enough to pay that weeks bills but just one week could set us back . Does anyone know a good site for finding bank levy info for NC?
     
  2. DanS

    DanS Well-Known Member

    I live in MA, NC may be different. I had my bank accounts levied by the Department of Revenu for state taxes owed.

    As far as I know, only government agencies can levy a bank account. For the cases you cite, state agencies are involved.

    However, if you are expecting something to happen in the next two years, it's better to have no visible assets.
     
  3. Hedwig

    Hedwig Well-Known Member

    How much is it for? It it's a small amount, chances are they'll never sue you.

    If you get a notice that they're suing you, you can try to negotiate a settlement.

    But right now, I wouldn't worry about it unless it's really a large amount.
     
  4. tired mama

    tired mama New Member

    There are about 15 different accounts ranging from just a few hundred to Citibank and Cap 1 with about 5 k each. We were doing ok until my husband developed an incurable illness and continues to need surgery and be out of work. This has all happened in the last yr and we are trying to keep paying on the house and cars(2 yrs left on both cars) and have let the CC go unpaid since earlier in 2003 but the Collection agencies are calling me constantly at work(I don't answer nor return their calls)and at home and one sent papers (Monogram Bank) from a lawyer that I had to file in the courthouse. They sent interogatories for me to fill out and after I filled those out explaining what was going on with his health,I never heard from them again. The OC started billing me again. I called the courthouse and gave them the file # and they said their are no judgements or cases filed against me. Those are the only one so far but I just feel the others are going to start suing. We are thinking about bankruptcy. I am also trying to find 2nd job but have become ill myself and am limited in how long I can stand or sit so finding something suitable has been hard. It's never ending and so depressing. I never wanted to not pay everyone. My credit used to be perfect. I feel like I am such a failure. I just want this to stop. I'm scared they'll come to my work to serve papers and I'm jumping at shadows. If I had the $$ I would gladly pay it. I know I owe these bills but my child has to eat too. I'm sorry to be so long. I guess its nice to be able to actually say the words out loud (or at least online)lol and have someone else actually know how I feel. There's so much advice andsupport here. Thanks.
     
  5. hoapres

    hoapres Well-Known Member

    Levying Bank accounts are covered by your state's enforcement of judgment statutes. Here are some general rules.

    1. If there is a judgment - ( i.e. you are considered a judgment debtor ) - your asset accounts can be seized. Each state has an exemption limit which is
    typically in the $1K to $2K range.

    2. If a lawsuit has been filed, but no judgment
    entered. ( Contrary to popular belief and depending on your state rules ) - the creditor can request a writ of attachment to seize your assets. Getting writs of attachments require more work and most creditors do not seem to make the effort.
     
  6. pd11604

    pd11604 Well-Known Member

    try to open up a local bank account in another state, one who does not have any branches in NC.

    Maybe you are eligible to join a Credit Union? because of employment, or because of you relation to another family member?

    For example, my sister was able to open up an account at my credit union in another state due to the fact that she was a family member

    With on-line banking and ATM availability, it is not such a big hassle to bank this way.

    This way keeps your bank account out of state and out of anyone's hands!!!
     

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