Writ of Execution and Judgment Lien Mess

[UpaCreekinCA]

Ok so today Chase exercised a writ of execution on our checking accounts that my wife is a co-signer on (judgment against her). Luckily they only nabbed $400 or so because payday is Friday. We also got a notice last week that a lien had been put on our property (i am assuming our house that is under water) from the county. I am frustrated that I haven't pushed our attorney to file sooner.

1) Does anyone know if a WOE is a one time "draw" per filing or can they keep dipping back if money is put back into the account? Judgment is in CA along with the checking accounts.

2) I've been trying to find information about Judgment Liens and 11 usc 522 (c) and (f) to see if this lien can be and how to remove it once we file Ch7.

3) What document needs to be filed to notify the civil court that we've filed BK without paying almost $400 for a reply?

[treehugger1]

I'm pretty sure they can keep dipping back into the bank account. Get yourself a prepaid card account in order to reduce the risk of levy. Many big companies now have prepaid debit card accounts.

I don't know anything abour dealing with liens on real property. You might check on the chapter 7 threads. You might google "lien-stripping in California chapter 7 bankruptcy" and see what is out there.

Ask the clerk of the court where the judgments and lien are filed to find out about notifying the court once you file for bankruptcy. You may have to file a "motion" to vacate the judgment.

[SweetGeorgia]

I also don't know about California bank levies, but assume that they'll get anything else deposited in the account. If you have direct deposits to that account, stop them now. Likewise auto-debits. In my experience, there was a big disconnect between "what they can do" and "what they actually did." The trouble of getting a paper payroll checked (or loaded onto a prepaid visa) at Walmart is nothing compared to having your bank account and incoming deposits frozen.

[shark66]

A couple of things, real quick...

a) Chase WILL most certainly dip into that account again. Stop any direct deposit right now, and direct debit as well.

b) The lien doesn't go away by itself. Although the debt will be discharged in your BK, your attorney will have to file a Motion To Vacate Lien once you're done with BK.

c) Why would you be notifying the civil court of your filing in the first place? If you're just looking to stop Chase from garnishing the account, they will be notified once you file and any collection effort on their part from that point on would be a violation of automatic stay.

Good luck.

[GoingDown]

Yes, follow the above advice about not depositing any more money into that or any checking account ever again.

And close that account immediately so your bank won't charge you any more over draft fees, and fees for responding to the writs. And of course, if you used that account to pay any monthly payments, get them stopped immediately, and make other arrangements.

From now on, use only cash, money orders, and pre-paid debit cards to pay for things. Checking/savings accounts are no longer safe once someone has a judgment against you.