Creditor levied funds from checking account without proper notice of original complaint.

Business 7 views 3 answers
A creditor got a default judgment against me and levied funds from my checking account. However, I was not properly served with the original complaint and am now filing a Motion to Vacate judgment (for lack of proper service). As mentioned, the creditor already has the funds in their possession. If my Motion to Vacate is successful, must I file another request with the court to get the funds back from the creditor? Or would I need to demand the return of the funds in the Motion to Vacate, and then try to collect the funds through garnishment, levy, etc, as in any other judgment, if the Motion is successful?

Attorney Answers

3
Emanuel Kataev ·
Once you get an order vacating the default judgment (remember: must show excusable neglect and meritorious defense to prevail), submit the order to the bank and the marshall who did it. Consult with an attorney to be sure.
0 upvotes
Deneen Lamonica ·
You must file a motion to vacate the judgement within the allowed time period. You will be required to show excusable neglect. You should request the relief you seek, i.e. return of the funds in your motion.
0 upvotes

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