I'm screwed !!

"Lou Garcia" wrote in message
om...
Thanks for responding so quickly

Okay,
1.) I checked my bank account on-line and noticed that a "Levy" had been
attached to both my checking accounts.
2.) I was never given a notice from Child Support or my bank that this was
happening or going to happen
3.) The state was garnishing my wages directly while I was working -
Currently, I am unemployed
4.) Right now money is so tight, it isn't even funny - so getting a
Swindler, I mean Liar, sorry Lawyer is kinda outta the question
5.) I'm in Florida - They are in California - It's a toll call and hard to
get the right forms to contest it myself

I really do appreciate all the help and any other suggestions you might
have,

----------------------------------
All I know about is the law in Washington state but there are probably
certain things that can be claimed as exempt to the garnishment. Here is
some info I gleaned from a Washington site:
"If the garnishee is a bank or other institution with which you have an
account in which you have deposited benefits such as Temporary Assistance
for Needy Families (TANF), Supplemental Security Income (SSI), Social
Security, Veteran's Benefits, Unemployment Compensation, or a United States
Pension, you may claim the account as fully exempt if you have deposited
only such benefit funds in the account. It may be partially exempt even
though you have deposited money from other sources in the same account."
This is also true if you can prove that any money in the account was
deposited by your wife.

There is also an exemption for up to $100, (aren't they generous?), in cash
or in a bank account.
If you put your e-mail munged I can send you as an attachment a copy of the
form used here to file an exemption claim. You would have to change it
around for the location and stuff. And first you would have to find out if
CA has these exemptions or not.

We had the same thing happen. Luckily they only got about $87 but it did
close out the account.
Good luck

~AZ~


Louis

PS. Does California have any type of Amnesty or Forgiveness periods that
you
know of

I owe $60,000.00 - most of it is penalties and Interest


"dani" wrote in message
news
On Mon, 29 Sep 2003 07:25:10 +0000, dani wrote:

On Mon, 29 Sep 2003 03:52:49 +0000, Lou Garcia wrote:

Ok. here goes

my check was being garnished from the State of California for back
due
child support to the tune of $850.00 per month - I live in Florida
because my job relocated me here in Jan 2000 - Last May, the company
decided to close the office down and laid off 75% of the people, me
included I'm collecting Unemployment and just barely making ends
meet.
I just found out that the Child Support drained my California
Checking
Accounts without any warning !!!

Can they do that ?

Actually, I don't think its legal. But, I'll check and get back with
you
on what can be done and what the law says exactly.

CA. Family Code 17522. (a) Notwithstanding any other law, if any
support
obligor is delinquent in the payment of support for at least 30 days and
the local child support agency is enforcing the support obligation
pursuant to Section 17400, the local child support agency may collect
the
delinquency or enforce any lien by levy served on all persons having in
their possession, or who will have in their possession or under their
control, any credits or personal property belonging to the delinquent
support obligor, or who owe any debt to the obligor at the time they
receive the notice of levy.

... (c) The notice requirement shall be satisfied by the local child
support agency sending a statement of support arrearages to the obligor
at
the obligor's last known address by first-class mail, postage prepaid.
The notice shall advise the obligor of the amount of the support
arrearage. The notice shall advise the obligor that the obligor may
have
the arrearage determination reviewed by administrative procedures and
state how the review may be obtained. The local child support agency
shall
conduct the review pursuant to this section in the same manner and
timeframe provided for resolution of a complaint pursuant to Section
17800. The notice shall also advise the obligor of his or her right to
seek a judicial determination of arrearages pursuant to Section 17526
and
shall include a form to be filed with the court to request a judicial
determination of arrearages. If the obligor requests an administrative
review of the arrearage determination within 20 days from the date the
notice was mailed to the obligor, the local child support agency may not
issue the levy for a disputed amount of support until the administrative
review procedure is completed.

(g) If the levy is made on a deposit or credits or personal
property in the possession or under the control of a bank, savings
and loan association, or other financial institution as defined by
Section 669A(d)(1) of Title 42 of the United States Code, the notice
of levy may be delivered or mailed to a centralized location
designated by the bank, savings and loan association, or other
financial institution pursuant to Section 689.040 of the Code of
Civil Procedure.

Sounds like they had to issue a "levy" which you should have gotten
notice
of and been given at least 20 days to dispute. From there the law says,
they can file a levy with your bank. It sounds like your Bank had an
obligation to notify you at that point and failed to do so. Now
depending
on if they made a good faith, reasonable effort to do so, they are
liable.

Another thing. Where you making payments? If so, they have no legal
reason
from draining your account other than trying to maliciously attack you.
Now, return the favor, attack them in Court.

CYA. Call your florida bank and demand they inform you of anything
unusual. Check the law in florida at findlaw.com or talk to a liar, I
mean
lawyer.


My rent is due on the 1st, what legal recourse do I have ?

Nothing immediately. If you do get some action it will take months to
straighten it out. But, by all means do so. Figure, the longer they get
tied up in your case, the less time they spend on others. There's more
of
us than them. Make them pay at least double what you are and at least
you'll start to feel good about it to a degree.

"Lou Garcia" wrote in message
om...
Thanks for responding so quickly

Okay,
1.) I checked my bank account on-line and noticed that a "Levy" had been
attached to both my checking accounts.
2.) I was never given a notice from Child Support or my bank that this was
happening or going to happen
3.) The state was garnishing my wages directly while I was working -
Currently, I am unemployed
4.) Right now money is so tight, it isn't even funny - so getting a
Swindler, I mean Liar, sorry Lawyer is kinda outta the question
5.) I'm in Florida - They are in California - It's a toll call and hard to
get the right forms to contest it myself

I really do appreciate all the help and any other suggestions you might
have,

----------------------------------
All I know about is the law in Washington state but there are probably
certain things that can be claimed as exempt to the garnishment. Here is
some info I gleaned from a Washington site:
"If the garnishee is a bank or other institution with which you have an
account in which you have deposited benefits such as Temporary Assistance
for Needy Families (TANF), Supplemental Security Income (SSI), Social
Security, Veteran's Benefits, Unemployment Compensation, or a United States
Pension, you may claim the account as fully exempt if you have deposited
only such benefit funds in the account. It may be partially exempt even
though you have deposited money from other sources in the same account."
This is also true if you can prove that any money in the account was
deposited by your wife.

There is also an exemption for up to $100, (aren't they generous?), in cash
or in a bank account.
If you put your e-mail munged I can send you as an attachment a copy of the
form used here to file an exemption claim. You would have to change it
around for the location and stuff. And first you would have to find out if
CA has these exemptions or not.

We had the same thing happen. Luckily they only got about $87 but it did
close out the account.
Good luck

~AZ~


Louis

PS. Does California have any type of Amnesty or Forgiveness periods that
you
know of

I owe $60,000.00 - most of it is penalties and Interest


"dani" wrote in message
news
On Mon, 29 Sep 2003 07:25:10 +0000, dani wrote:

On Mon, 29 Sep 2003 03:52:49 +0000, Lou Garcia wrote:

Ok. here goes

my check was being garnished from the State of California for back
due
child support to the tune of $850.00 per month - I live in Florida
because my job relocated me here in Jan 2000 - Last May, the company
decided to close the office down and laid off 75% of the people, me
included I'm collecting Unemployment and just barely making ends
meet.
I just found out that the Child Support drained my California
Checking
Accounts without any warning !!!

Can they do that ?

Actually, I don't think its legal. But, I'll check and get back with
you
on what can be done and what the law says exactly.

CA. Family Code 17522. (a) Notwithstanding any other law, if any
support
obligor is delinquent in the payment of support for at least 30 days and
the local child support agency is enforcing the support obligation
pursuant to Section 17400, the local child support agency may collect
the
delinquency or enforce any lien by levy served on all persons having in
their possession, or who will have in their possession or under their
control, any credits or personal property belonging to the delinquent
support obligor, or who owe any debt to the obligor at the time they
receive the notice of levy.

... (c) The notice requirement shall be satisfied by the local child
support agency sending a statement of support arrearages to the obligor
at
the obligor's last known address by first-class mail, postage prepaid.
The notice shall advise the obligor of the amount of the support
arrearage. The notice shall advise the obligor that the obligor may
have
the arrearage determination reviewed by administrative procedures and
state how the review may be obtained. The local child support agency
shall
conduct the review pursuant to this section in the same manner and
timeframe provided for resolution of a complaint pursuant to Section
17800. The notice shall also advise the obligor of his or her right to
seek a judicial determination of arrearages pursuant to Section 17526
and
shall include a form to be filed with the court to request a judicial
determination of arrearages. If the obligor requests an administrative
review of the arrearage determination within 20 days from the date the
notice was mailed to the obligor, the local child support agency may not
issue the levy for a disputed amount of support until the administrative
review procedure is completed.

(g) If the levy is made on a deposit or credits or personal
property in the possession or under the control of a bank, savings
and loan association, or other financial institution as defined by
Section 669A(d)(1) of Title 42 of the United States Code, the notice
of levy may be delivered or mailed to a centralized location
designated by the bank, savings and loan association, or other
financial institution pursuant to Section 689.040 of the Code of
Civil Procedure.

Sounds like they had to issue a "levy" which you should have gotten
notice
of and been given at least 20 days to dispute. From there the law says,
they can file a levy with your bank. It sounds like your Bank had an
obligation to notify you at that point and failed to do so. Now
depending
on if they made a good faith, reasonable effort to do so, they are
liable.

Another thing. Where you making payments? If so, they have no legal
reason
from draining your account other than trying to maliciously attack you.
Now, return the favor, attack them in Court.

CYA. Call your florida bank and demand they inform you of anything
unusual. Check the law in florida at findlaw.com or talk to a liar, I
mean
lawyer.


My rent is due on the 1st, what legal recourse do I have ?

Nothing immediately. If you do get some action it will take months to
straighten it out. But, by all means do so. Figure, the longer they get
tied up in your case, the less time they spend on others. There's more
of
us than them. Make them pay at least double what you are and at least
you'll start to feel good about it to a degree.

"Lou Garcia" wrote in message
om...
Thanks for responding so quickly

Okay,
1.) I checked my bank account on-line and noticed that a "Levy" had been
attached to both my checking accounts.
2.) I was never given a notice from Child Support or my bank that this was
happening or going to happen
3.) The state was garnishing my wages directly while I was working -
Currently, I am unemployed
4.) Right now money is so tight, it isn't even funny - so getting a
Swindler, I mean Liar, sorry Lawyer is kinda outta the question
5.) I'm in Florida - They are in California - It's a toll call and hard to
get the right forms to contest it myself

I really do appreciate all the help and any other suggestions you might
have,

----------------------------------
All I know about is the law in Washington state but there are probably
certain things that can be claimed as exempt to the garnishment. Here is
some info I gleaned from a Washington site:
"If the garnishee is a bank or other institution with which you have an
account in which you have deposited benefits such as Temporary Assistance
for Needy Families (TANF), Supplemental Security Income (SSI), Social
Security, Veteran's Benefits, Unemployment Compensation, or a United States
Pension, you may claim the account as fully exempt if you have deposited
only such benefit funds in the account. It may be partially exempt even
though you have deposited money from other sources in the same account."
This is also true if you can prove that any money in the account was
deposited by your wife.

There is also an exemption for up to $100, (aren't they generous?), in cash
or in a bank account.
If you put your e-mail munged I can send you as an attachment a copy of the
form used here to file an exemption claim. You would have to change it
around for the location and stuff. And first you would have to find out if
CA has these exemptions or not.

We had the same thing happen. Luckily they only got about $87 but it did
close out the account.
Good luck

~AZ~


Louis

PS. Does California have any type of Amnesty or Forgiveness periods that
you
know of

I owe $60,000.00 - most of it is penalties and Interest


"dani" wrote in message
news
On Mon, 29 Sep 2003 07:25:10 +0000, dani wrote:

On Mon, 29 Sep 2003 03:52:49 +0000, Lou Garcia wrote:

Ok. here goes

my check was being garnished from the State of California for back
due
child support to the tune of $850.00 per month - I live in Florida
because my job relocated me here in Jan 2000 - Last May, the company
decided to close the office down and laid off 75% of the people, me
included I'm collecting Unemployment and just barely making ends
meet.
I just found out that the Child Support drained my California
Checking
Accounts without any warning !!!

Can they do that ?

Actually, I don't think its legal. But, I'll check and get back with
you
on what can be done and what the law says exactly.

CA. Family Code 17522. (a) Notwithstanding any other law, if any
support
obligor is delinquent in the payment of support for at least 30 days and
the local child support agency is enforcing the support obligation
pursuant to Section 17400, the local child support agency may collect
the
delinquency or enforce any lien by levy served on all persons having in
their possession, or who will have in their possession or under their
control, any credits or personal property belonging to the delinquent
support obligor, or who owe any debt to the obligor at the time they
receive the notice of levy.

... (c) The notice requirement shall be satisfied by the local child
support agency sending a statement of support arrearages to the obligor
at
the obligor's last known address by first-class mail, postage prepaid.
The notice shall advise the obligor of the amount of the support
arrearage. The notice shall advise the obligor that the obligor may
have
the arrearage determination reviewed by administrative procedures and
state how the review may be obtained. The local child support agency
shall
conduct the review pursuant to this section in the same manner and
timeframe provided for resolution of a complaint pursuant to Section
17800. The notice shall also advise the obligor of his or her right to
seek a judicial determination of arrearages pursuant to Section 17526
and
shall include a form to be filed with the court to request a judicial
determination of arrearages. If the obligor requests an administrative
review of the arrearage determination within 20 days from the date the
notice was mailed to the obligor, the local child support agency may not
issue the levy for a disputed amount of support until the administrative
review procedure is completed.

(g) If the levy is made on a deposit or credits or personal
property in the possession or under the control of a bank, savings
and loan association, or other financial institution as defined by
Section 669A(d)(1) of Title 42 of the United States Code, the notice
of levy may be delivered or mailed to a centralized location
designated by the bank, savings and loan association, or other
financial institution pursuant to Section 689.040 of the Code of
Civil Procedure.

Sounds like they had to issue a "levy" which you should have gotten
notice
of and been given at least 20 days to dispute. From there the law says,
they can file a levy with your bank. It sounds like your Bank had an
obligation to notify you at that point and failed to do so. Now
depending
on if they made a good faith, reasonable effort to do so, they are
liable.

Another thing. Where you making payments? If so, they have no legal
reason
from draining your account other than trying to maliciously attack you.
Now, return the favor, attack them in Court.

CYA. Call your florida bank and demand they inform you of anything
unusual. Check the law in florida at findlaw.com or talk to a liar, I
mean
lawyer.


My rent is due on the 1st, what legal recourse do I have ?

Nothing immediately. If you do get some action it will take months to
straighten it out. But, by all means do so. Figure, the longer they get
tied up in your case, the less time they spend on others. There's more
of
us than them. Make them pay at least double what you are and at least
you'll start to feel good about it to a degree.

Lou Garcia wrote:
: Ok. here goes

: my check was being garnished from the State of California for back due child
: support to the tune of $850.00 per month - I live in Florida because my job
: relocated me here in Jan 2000 - Last May, the company decided to close the
: office down and laid off 75% of the people, me included
: I'm collecting Unemployment and just barely making ends meet. I just found
: out that the Child Support drained my California Checking Accounts without
: any warning !!!

: Can they do that ?
: My rent is due on the 1st, what legal recourse do I have ?

: Can they also attach a Florida Bank account ?

Yes, they can do that, yes, they can probably attach your Florida bank
accounts.

Forms for California family proceedings are available for download
at the specific county's website. Do a google.com search for
insert county name legal forms or something similar. Additionally,
if you go to the District Attorney's site for that specific county, you'll
also be able to likely find a link to the forms. California Family Law
Civil codes can be found at:
http://www.leginfo.ca.giv/calaw.html

Additional self help family law info is at:

http://www.courtinfo.ca.gov/selfhelp/family/support/

b.

Lou Garcia wrote:
: Ok. here goes

: my check was being garnished from the State of California for back due child
: support to the tune of $850.00 per month - I live in Florida because my job
: relocated me here in Jan 2000 - Last May, the company decided to close the
: office down and laid off 75% of the people, me included
: I'm collecting Unemployment and just barely making ends meet. I just found
: out that the Child Support drained my California Checking Accounts without
: any warning !!!

: Can they do that ?
: My rent is due on the 1st, what legal recourse do I have ?

: Can they also attach a Florida Bank account ?

Yes, they can do that, yes, they can probably attach your Florida bank
accounts.

Forms for California family proceedings are available for download
at the specific county's website. Do a google.com search for
insert county name legal forms or something similar. Additionally,
if you go to the District Attorney's site for that specific county, you'll
also be able to likely find a link to the forms. California Family Law
Civil codes can be found at:
http://www.leginfo.ca.giv/calaw.html

Additional self help family law info is at:

http://www.courtinfo.ca.gov/selfhelp/family/support/

b.

Lou Garcia wrote:
: Ok. here goes

: my check was being garnished from the State of California for back due child
: support to the tune of $850.00 per month - I live in Florida because my job
: relocated me here in Jan 2000 - Last May, the company decided to close the
: office down and laid off 75% of the people, me included
: I'm collecting Unemployment and just barely making ends meet. I just found
: out that the Child Support drained my California Checking Accounts without
: any warning !!!

: Can they do that ?
: My rent is due on the 1st, what legal recourse do I have ?

: Can they also attach a Florida Bank account ?

Yes, they can do that, yes, they can probably attach your Florida bank
accounts.

Forms for California family proceedings are available for download
at the specific county's website. Do a google.com search for
insert county name legal forms or something similar. Additionally,
if you go to the District Attorney's site for that specific county, you'll
also be able to likely find a link to the forms. California Family Law
Civil codes can be found at:
http://www.leginfo.ca.giv/calaw.html

Additional self help family law info is at:

http://www.courtinfo.ca.gov/selfhelp/family/support/

b.