How to Institute a Levy on Someone's Bank Account

If someone refuses to pay you what he owes, there are legal tactics you can use to collect the money. One is to impose a levy on the debtor's bank account, giving you the right to take what you're owed directly out of the account. You can't simply walk up and demand that the bank give you the money, however. A levy involves a legal process, and if you don't follow the rules, the debtor may be able to sue you for damages.

Instructions

1

Sue the debtor in small claims court. In order to levy his bank account -- or to garnish his wages or place a lien on his property -- you need a court judgment confirming that he owes you the money. You have to fill out paperwork for the suit, file your claim, notify the debtor you're suing him, and present the facts to the judge in court.

2

Ask the debtor for information about his bank accounts and other assets. After the court issues a monetary judgment against the debtor, you can't levy the account until you know which bank branch to serve with a writ. Depending on state law, you may have to call the debtor back to court to interrogate him, or send him a list of questions.

3

Ask the court for a writ of execution authorizing you to levy the account. Present the writ and the location of the account to the county sheriff's office and ask the department to enforce it. You will need to provide whatever paperwork your county requires, and you usually pay a fee for the service.

4

Wait for the bank to comply with the writ. The bank will freeze the debtor's account when it receives the writ, unless the debtor shows the money comes from an exempt source such as Social Security. Freezing the account prevents the debtor from withdrawing any nonexempt funds from his account. Within a few weeks of the sheriff serving the bank, the bank should withdraw the requested amount from the debtor's bank account and submit it to the sheriff. The sheriff then turns the funds over to you as payment for the debt. This assumes the debtor has enough nonexempt money in his account to cover the debt.