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Saturday, February 21, 2015

Levy Procedures special civil

Levy Procedures special civil
1. Bank Accounts 

The Special Civil Part Officer levies on a bank account by serving a copy of the writ of execution on a manager or officer of the bank, savings and loan association or credit union where the judgment debtor has an account. The Officer must complete and mail a copy of the Notice to Debtor to the judgment debtor and the judgment creditor, or judgment creditor’s attorney if they have an attorney, on the same day the writ is served reflecting the amount of money, if any, that the bank or financial institution advises has been levied upon. If the bank or financial institution fails to advise the Officer how much money, if any, was levied upon at the time he/she serves the writ, the Officer must still complete and mail a copy of the Notice to Debtor, as previously described, and reflect that the full judgment amount was levied upon. See Attachment B to this Appendix, “Notice to Debtor.” Once the bank or financial institution notifies the Officer of the amount of the levy, if any, the Officer must execute a Certification of Levy reflecting the amount levied and send it to the judgment creditor’s attorney or directly to the creditor if the creditor does not have an attorney. If the court issues an order directing the bank to turn over the seized funds, the Officer serves it on the bank and deposits the bank’s check into the Officer’s trust account. The Officer then deducts 10% for the Officer’s fee and remits the balance to the judgment creditor’s attorney or to the judgment creditor if they do not have an attorney. 

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