A bank levy is different than a bank lien. A lien states another party has an interest in your assets if you fail to pay according to a legally binding agreement but doesn't automatically allow funds to be taken from your account. A levy allows the party with the judgment to take assets out as they go in until the judgment value is settled. Removing a bank levy requires either fulfilling the judgment owed or proving the levy is no longer valid. The process is the same in Georgia as in any other state allowing judgment levies.
Things You'll Need
- Court case
- Bank information
Get a copy of the court-signed judgment. Review all details to ensure that all information is correct. You should appeal factual inaccuracies such as an incorrect amounts or debts you have not actually incurred. Georgia appeals must be filed within 30 days of the initial judgment.
Call the person or company seeking payment if the judgment is upheld. Explain that you are unable to make full payments and need to maintain living expenses. Offer a settlement amount or a payment plan to reduce the funds owed.
Make regular payments as agreed upon in any settlement plan.
Seek the help of a bond that will pay the debt. You, in turn, then pay the bondholder if the judgment holder is unwilling to negotiate a payment plan. The bond provider may require some sort of capital deposit or collateral to obtain the bond. Complete bond paperwork so the bond pays the judgment.
Provide the bank with a copy of the completed payment and request the holder of the judgment to remove the levy.
Tips & Warnings
- If you are unable to get a settlement bond, ask friends or family for a personal loan to pay the judgment and work out a plan to pay them. Ultimately, the levy will not be removed until you either prove the levy is incorrect, the levy is paid or you reach a payment plan that the judgment owner agrees to in writing.
- Georgia law allows the sheriff to seize, liquidate or levy 100 percent of assets until the judgment is satisfied under a legal instrument of Fieri Facias.
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