How to Levy Someone's Bank Account

When you lend someone money and that person does not repay the debt, you don't have to accept the loss as a lesson learned. Unpaid creditors, both private and commercial, can petition the court for permission to seize the amount the debtor owes directly from his bank account through a bank levy. Provided the individual's bank account balance meets or exceeds the amount of the debt, the bank will freeze his accounts, withdraw the amount he owes and remit it to you.

Instructions

1

Visit the county courthouse in the county where the debtor lives. File a lawsuit against the debtor by filing a summons and complaint with the county clerk. Serve a copy of both the summons and the complaint upon the debtor in accordance with your state laws.

2

Gather any evidence you have that illustrates how much the debtor owes, such as the original contract between you and the debtor or copies of receipts you gave to the debtor for past payments.

3

Present your evidence to the judge on the hearing date specified on the summons and complaint. If the debtor does not appear at the hearing, or she appears but lacks enough evidence to refute your claim, you win the lawsuit and the court awards you a civil judgment. The civil judgment gives you the legal right to levy the debtor's bank accounts.

4

Return to the court clerk's office. Ask that the clerk schedule a post-interrogatory hearing. The post-interrogatory hearing is mandatory for the debtor and forces her to appear in court and answer any questions you may have about her assets.

5

Appear in court for the post-interrogatory hearing. Ask the debtor for the location of each of his bank accounts. You must know where the debtor banks are before you can levy funds directly from his accounts.

6

Visit the court clerk's office. Give the clerk the case number of your previous lawsuit against the debtor. This proves you have the legal right to seize assets from the debtor. Request that the court clerk issue a writ of execution.

7

Hire a process server to serve the writ upon the debtor's bank. The bank will freeze the debtor's accounts to prevent her from withdrawing any money prior to the levy. After your state's mandatory freeze period, the bank will lift the freeze and withdraw the amount of the levy from the debtor's bank accounts and remit it to you.