Help needed regarding bank levy..

[Addak2001]

Ok so we found a bk attorney and filled out the paperwork last friday to file. The attorney said he was going to file this week either Tues or Weds but I still have not seen anything show up in Pacer. Now today I go to use my bank account and found out that I now have a levy on it! Ugh what a mess this is! So I have 3 kids to feed and only have enough in my fridge to make dinner tonight bec my husbands paycheck is direct deposited on Thursday night and I usually go grocery shopping on Fridays How long can this take to get released since we already paid to file and it was supposed to be done already? Sorry..just freaking out a bit cause it's 8am and attorney's office doesn't open till 9 so have no way to get any questions answered yet! Thanks for any help you all can give.

[AngelinaCatHub]

Question. How did you go to use your bank account? Like going online to check the balance or did you attempt to use a card? If he filed, it is not unusual for the banks to lock down your online access. If it is a true levy, who has a Judgment against you to levy upon this asset? Have you called the bank to get this info? More information would help. 'Hub

[Addak2001]

I attempted to use the card, it declined so I called the bank and inquired why I was unable to use it and was told it was because of the garnishment. It is Cap One that placed the levy.

[AngelinaCatHub]

They cannot levy or garnish unless they have a Judgment. Did you get sued lately? 'Hub

[Addak2001]

Yes they have the judgement. Sorry..should have explained that earlier but just really frazzled over this. I was paying on it up until we decided we had no other choice but to file the bk.

[IamOld]

Did the bank say for HOW MUCH the levy is for? If it is less than what your husband's deposit is, when that goes it, you may be able to take it out...so if the levy is LESS THAN what he is depositing, try to take as much out as you can via ATM as soon as the deposit hits then in person...

AND talk to the dang lawyer!!!! if he filed, BEFORE the levy, he needs to have the levy taken off!!!

[IamOld]

ALSO!!!!!!!!! DEPENDING on how "nice" the payroll people at your husband's job are, since it is still Wed they MAY be able to stop the direct dep...

[Addak2001]

I'm not sure where you are Old but unfort it's Thursday here and there's no time left to stop it as it hits bank at midnight tonight. The levy is for over double my husband's check amount so that won't work either. I'm hoping the attny filed as he said he was going to cause the levy came through yesterday (11/16).

[IamOld]

I'm so sorry....good grief...have you been able to get thru to the atty????

If you can't, you could call the BK court in your district and just also ask if a case has been filed for your name and SS#...

[AngelinaCatHub]

I'd be a bit 'miffed' at your lawyer if your paperwork was not filed in a timely fashion and cost you this levy. I think once done, it is NOT retrievable if he filed after the draw. If before, the creditor would not have had a chance to know, and then it could possibly be reversed. Did the levy satisfy the Judgment? Did they leave a balance of any money? 'Hub

[Addak2001]

The attorney is not in yet so I left a message for him to call me. It's not an actual draw..apparently it takes 21 days for them to take the money out and send it to the garnishee but the freeze is immediate. Funds can go in but can't go out. Still assuming that I won't get the money back tho which really is not good as we have $2 cash on hand and that is it Hubby's next paycheck will not direct deposit so that is good but does not help us for this week. I have been checking pacer religiously and also just got off the phone with the bk court and no case was found so needless to say I am fuming right now! I cannot believe this has happened! We paid in full/filed to PREVENT something like this bec we also have a writ of garnishment filed for another creditor and we didn't want that to have a chance to start either!

[IamOld]

GOOD grief...I don't know what to say...how can teh atty have dropped the ball, especially when he know that there were judgments out there!!!! Now I'm thinking if the $$ is there and the atty files like NOW, that would mean that the bank would have to release the levy immediately...

[AngelinaCatHub]

Every-way you look at this, it's going to be a real poor weekend with two bucks. Hope you don't need milk. A good argument for my theory of stockpiling storable foodstuffs and necessities for any kind of emergency. This emergency is quite not what I was thinking of. However, real just the same.

Can your hubby get an advance against his next check? It would not be a loan so to speak. Actually the d!@#$ lawyer should loan you till he fixes this. 'Hub

[ValleYum]

I agree with Hub. I would ask my attorney for a loan. His not having filed your case yet is inexcusable.

Hub - I agree with the 'stockpile' and if the OP had had a chance to put the emergency $100 bill in the wallet that could have made a difference this weekend, too.

ETA: I am so sorry!! Any piggy banks to raid?

[AngelinaCatHub]

I agree with Hub. I would ask my attorney for a loan. His not having filed your case yet is inexcusable.

Hub - I agree with the 'stockpile' and if the OP had had a chance to put the emergency $100 bill in the wallet that could have made a difference this weekend, too.

ETA: I am so sorry!! Any piggy banks to raid?

May I take the liberty to explain the $100 dollar bill?

After BK we are on a cash (or debit card) only. IF in the event let us say, we are at a restaurant, and the only card we have fails to work (out of money) due to our poor management, you will not embarrass yourself. Other emergencies such as a tow truck or other event, we fold a hundred dollar bill into our wallet as small as possible and tuck it into forgetfulness. WE FORGET it is there. (not really but reserved for dire needs). Our OP is at a "dire need" due to situations beyond her control. It would have come in handy for sure. 'Hub