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Can Car or Account be Seized in CA with No Notice?

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    Can Car or Account be Seized in CA with No Notice?

    I know several posts have addressed this topic, but I have not seen anything that answers the question (definitively) as to whether in the State of California it is legal to seize personal property or levy bank accounts WITH no notification. Does anyone know?

    If someone has to notify me (if there is no surprise factor), why couldn't I then immediately remove all the funds from the affected bank account? Would that be legal/doable?

    #2
    I am looking at a CA Court Self Help website that says "No". You have to be served, etc., and oftentimes the bank has to be served as well. So there will be some notice, whether bank accounts or personal property. I know debt collectors can serve third parties who are holding property for you, so in that instance I don't know if you would find out about it before damage was done.

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      #3
      Here is more info for those in CA, a listing by a law firm of various options available to clients for recovering assets of debtors. On the vehicle question, a car is exempt up to $1,200, and sheriff's fees are close to another grand. So your car must be worth more than $2 grand, give or take, for them to be interested in coming after it.

      My car is worth considerably more than that on paper, but it has body damage. They would likely not know about the body damage, so may still consider this an asset worth recovering.

      I was horrified to read they actually will consider subpoening FORMER employers. Gads.

      Last edited by ApresMoi; 01-20-2010, 01:14 PM. Reason: forgot link

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        #4
        Hmmm...this lists a different higher amount for CA vehicle exemption and, further, says the BK exemptions are the SAME as that used for state collection matters.

        "California has two sets of exemptions that a debtor can choose from when filing bankruptcy in California. The exemptions set out below are the same exemptions applicable to state law collection matters. Debtors filing bankruptcy in California can use this set of exemptions or the California bankrutpcy exemptions found in CCP 703.140."

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