Is a Bank Levy a One-Time Thing? Understanding the Realities of Bank Levies and How to Protect Yourself

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A bank levy is not a one-time event. A creditor may make multiple requests for a bank levy until the debt is settled. Furthermore, the majority of banks charge their clients a fee for handling a levy on their account.

What is a bank levy?

A bank levy is a legal action taken by a creditor to obtain funds directly from a bank account to recover unpaid debts or taxes owed by an individual or business. Since the bank is required to freeze the account and surrender funds to fulfill the debt obligation, it is typically seen as a last resort when other attempts to collect from you have failed.

Understanding the process of a bank levy

While a bank levy sounds drastic, and it is, creditors have to jump through quite a few hoops to legally freeze your assets. For starters, the company or person you owe money to has to sue you in court and actually win the case. Once the money judgment has been granted, the creditor then becomes a judgment creditor, who can place a bank levy on your accounts.

Exemptions to bank levies

Keep in mind that not every account can have a bank levy applied to it. For instance, the following accounts are not liable to a bank levy according to federal law:

  • Social Security benefits
  • Supplemental Security income
  • Veterans benefits
  • Student loan disbursements
  • Federal Emergency Management Agency (FEMA) aid
  • Federal, civil service or railroad retirement benefits

Dealing with a bank levy

Dealing with a bank levy is never fun, and there’s not a lot you can do to make a rightful bank levy go away. Your best bet is figuring out a way to repay your creditor, whether that means trying to settle your debt for a lump sum that is less than what you owe or setting up a repayment plan they will agree with and following through.

Alternatives to a bank levy

If you’re facing a bank levy, there are a few things you can do to try to avoid it:

  • Negotiate with the creditor. Try to negotiate with the creditor, suggesting either a repayment plan or a settlement offer for less than what you owe.
  • Check if the debt is beyond the statute of limitations. If the debt is so old that it’s beyond the statute of limitations in your state, you can dispute the bank levy and have it removed.
  • File for bankruptcy. Filing for bankruptcy can be a smart option if you’re overwhelmed with your finances and you can’t seem to get back on your feet. A bankruptcy attorney can help you figure out what your options are.

Frequently Asked Questions

How long does a bank levy last?

A bank levy lasts until the debt is paid in full. If the debt is not paid within a certain amount of time, the creditor may be able to garnish your wages or seize your assets.

Can a bank levy be lifted?

If the debt is fully paid, the creditor consents to the levy being lifted, or the court orders the levy to be lifted, then the bank levy can be removed.

What can I do to protect myself from a bank levy?

There are a few things you can do to protect yourself from a bank levy, including:

  • Pay your debts on time.
  • Negotiate with your creditors if you’re having trouble making payments.
  • File for bankruptcy if you’re overwhelmed with debt.

Additional Resources

Remember, a bank levy is a serious matter. If you’re facing a bank levy, it’s important to seek legal advice as soon as possible.

What is a bank levy?

A bank levy is a court action used by a creditor to seize money straight out of a bank account in order to satisfy unpaid taxes or debts owed by a person or company.

The bank must freeze the account and turn over money in order to satisfy the debt, so this is usually the last option after other attempts to collect from you have been unsuccessful.

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  • Legally, a bank levy enables creditors to take money out of your bank account in order to satisfy a debt.
  • Certain types of accounts cannot be subjected to bank levies.
  • Your state’s laws dictate how long a bank levy lasts.

During times of financial hardship, it’s not uncommon to fall behind on regular bills and debts you owe. However, if you fall behind on your payments for an extended period of time, you might encounter a bank levy, in which case any money you have in the bank gets “frozen” and becomes inaccessible to you.

What to Do if Your Bank Account Is Levied

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