If you want to avoid having a creditor levy your bank accounts, you need to pay your debts. If you have a debt that you don't have enough money to pay, set up a payment plan to give yourself more time to pay. Most state and federal taxing authorities will work with you on this, as will many creditors.
In many states, some IRS-designated trust accounts may be exempt from creditor garnishment. This includes individual retirement accounts (IRAs), pension accounts and annuity accounts. Assets (including bank accounts) held in what's known as an irrevocable living trust cannot be accessed by creditors.
To open a bank account that no creditor can touch, a person can (1) use an exempt bank account, (2) establish a bank account in a state that prohibits garnishments, (3) open an offshore bank account, or (4) maintain a wage or government benefits account.
"In most states, creditors cannot freeze your bank account without a judgment," says Leslie H. Tayne, an attorney specializing in financial debt resolution and author of Life & Debt.
Unless you previously paid the creditor using only cash or money orders, the creditor probably already has a record of where you bank. A creditor can merely review your past checks or bank drafts to obtain the name of your bank and serve the garnishment order.
If a debt collector has a court judgment, then it may be able to garnish your bank account or wages. Certain debts owed to the government may also result in garnishment, even without a judgment.
Opening New Account Must Be Done Carefully
Opening an account with the same bank, right after a levy, is very risky. The bank may freeze the funds upon deposit, pursuant to the court's execution writ, and you would then be out of luck.
Written by Attorney John Coble.
Creditors are limited to garnishing 25% of your disposable income limit for most wage garnishments. But there are no such limitations with bank accounts.
To get into your bank account, the creditor must get a court order. Specifically, this means that the creditor must sue you (take you to court) and win. Only after the judge enters a judgment against you (meaning the creditor won the lawsuit against you) can the creditor have access to your bank account.
How long can a creditor freeze my bank account? Once your account is frozen, it goes into a holding period for about two to three weeks. During this time, the money is still in your account, but you are not able to access it.
If your dormant account has become inactive then you can activate it by depositing or withdrawing money. For this, you will have to visit the home branch of your bank. Here, you have to put a request to reactivate the account in writing. Do carry the necessary documents for KYC with you.
A frozen account is not available for use until it is unfrozen which can and will happen after the issue is taken care of. A closed account, however, is not able to be opened back up at all. A bank must receive approval before closing an account, providing adequate evidence for why the account should be closed.
For your bank levy to go away, you'll typically need to repay the debt you owe, work out a settlement on the debt or make payment arrangements that satisfy the creditor. Regardless of the type of debt, the bank usually has to wait 21 days after a levy is received before surrendering your money.
You'll owe more money as penalties, fees, and interest charges build up on your account as a result. Your credit scores will also fall. It may take several years to recover, but you can rebuild your credit and borrow again, sometimes within just a few years. So don't give up hope.
Learn about your rights. Creditors may be able to garnish a bank account (also referred to as levying the funds in a bank account) that you own jointly with someone else who is not your spouse. A creditor can take money from your joint savings or checking account even if you don't owe the debt.
The relevant information to focus on here is that California is a community property state, which means that legally married couples jointly own everything – including debt. As a result, it is possible for a creditor to garnish a spouse's bank account if their spouse owes a debt.
Under federal law and regulation, financial institutions cannot do a setoff of money in your account to cover missed consumer credit card payments that you owe the institution (unless you previously authorized it to pay your credit card through automatic withdrawals from your account).
The first step to stopping debt collectors from calling you is telling them the 11-word phrase - “Please cease and desist all calls and contact with me, immediately.”
Examine the statute of limitations.
Lenders are generally required to collect on a judgment within a certain time, often 4-10 years. If they don't, they're out of luck. This will depend on applicable state law, the credit agreement, the type of debt (credit card, car loan, tax levy, etc.), and other factors.
Says Kishori Udeshi, chairman of the Banking Codes and Standards Board of India that lays down the code of conduct for bankers: “Banks can't debit unless you agreed that such measure can be taken while taking a loan.
The IRS can no longer simply take your bank account, automobile, or business, or garnish your wages without giving you written notice and an opportunity to challenge its claims. When you challenge an IRS collection action, all collection activity must come to a halt during your administrative appeal.
To find out if you've got savings or are expecting a pay out, your creditor can get details of your bank accounts and other financial circumstances. To do this they can apply to the court for an order to obtain information. You'll have to go to court to give this information on oath.
If the IRS denies your request to release the levy, you may appeal this decision. You may appeal before or after the IRS places a levy on your wages, bank account, or other property. After the levy proceeds have been sent to the IRS, you may file a claim to have them returned to you.
Most of it comes from three sources: Your filed tax returns. Information statements about you (Forms W-2, Form 1099, etc) under your Social Security Number. Data from third parties, like the Social Security Administration.