How to File an Injunction Against a Bank Levy

A bank levy is the result of a garnishment order. A creditor or debt collector can request garnishment of your bank account if you fail to pay a monetary judgment for a bad debt. Judgments are signed by a judge after the creditor or debt collector wins a debt lawsuit. Lawsuits are common in credit card and other forms of unsecured debt. Garnishment freezes a bank account, with access to the debtor prohibited except for making deposits. Meanwhile the debt collector can regularly withdraw money from the account to collect the full balance on the judgment. People with garnishment have one option for a legal injunction ending garnishment -- but it requires filing for bankruptcy.

Instructions

1

Consult with a consumer affairs attorney about vacating the judgment leading to the garnishment. Under certain situations the judge may vacate the judgment, automatically ending the garnishment. You or an attorney must file a "motion to vacate" -- which is a legal motion but not an injunction. People filing motions to vacate usually argue that they were unaware of the original lawsuit and want a new hearing on the case. However, removing the judgment is sometimes a temporary victory, because the debt collector can sue again to restart the process.

2

See a bankruptcy attorney if you prefer a legal injunction ending the garnishment. Bankruptcy includes a powerful legal injunction called "the automatic stay." This is signed by a judge and ends all debt collection activity, including garnishment.

3

Apply for bankruptcy after meeting with the bankruptcy attorney -- but only if you have no other options. Bankruptcy remains on credit reports for a minimum of 10 years, and you must include all of your debts and assets in bankruptcy -- and not just the debt leading to the garnishment.