What to do if your bank account is wrongfully garnished?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if your bank account is wrongfully garnished?
I’m being sued. My father and I have the same name but the court put a levy on his bank account. Does he have a case against the city or the company that is suing me?
Asked on December 30, 2010 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your father should be able to get the levy removed, if he can show or prove that it is his account and not, in fact yours. He should also have the right to reimbursement of any costs or losses he has suffered as a result--e.g. any bounced check fees because of a frozen account--though it may or may not be worthwhile economically to pursue that recover. He can't recover more than his actual losses except possibly in circumstanes showing wrongful behavior--not just a mistake or carelessness--on the part of those garnishing his account. He should muster all the evidence he has that this is his account and that the money in it is his, not yours, and start by presenting that to bank, creditor, and/or court; a lawyer can be very helpful in sorting this out.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.