Our collection company had a lawful bank levy against the client of steven sears attorney and sent the proper papers to citibank for execution. The bank officers were to remit the funds within 72 hours upon proper notice. The writ of execution was served by the marshalls office at the local branch. As it turns out all the funds had been removed from the account and the levy failed. The only recourse now is to get a court order to obtain the signature information on the bank account and discover the true location of the funds.
The levy instructions included the proper venue and the purpose as stated in the civil code. Also the code of civil procedure was followed with an outline of the steps as we idicated.
New bank levies are being issued now to:
Chase Bank (was washington mutual)
Wells Fargo Bank (merger with Wachovia)
US bank (Downey Savings)
World Savings (now merged)
Zion Bank (local branch)
We will make every diligent effort to make sure these levies are not defeated and have taken appropriate action to enforce then under state law. Any interference will be delt with with injunctive relief and relief from the automatic stay.
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