Our HOA is trying to recoup overdue assessments from owners. We've gone
to small claims court and received a judgment against an owner.
when we try to levy a bank account CCP §684.110(c) says “. . . service
shall be made at the office or branch . . . at which a deposit account
levied upon is carried." We have debtors that we know have bank accounts
but the branch is unknown and finding it
is nearly impossible. Any recommendations?
Some banks do not require service of a levy on the specific branch
where the account is located. This is more common now because of the
advent of online banking. Otherwise, where would you serve a levy if the
account is online instead of being held at a branch office?
Agent for Levies.
Where there is a specific location requirement, the levy must be served
on that location. There is legislation requiring banks to designate a
local agent or office for all levies but most banks are slow in
complying. There is growing movement in
California’s creditor lobby to compel banks to move faster to comply.
banks designate an agent or office for levies, you can hire a private
investigator familiar with locating bank accounts. Some collection
attorneys offer investigative services to their clients. The cost is
approximately $200. Most private investigators do not charge if no
account can be located (or charge a nominal fee).
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter