How to Execute a Checking Account Levy

A bank levy is a form of account hold in which a creditor or plaintiff shows cause to a banking institution to freeze a borrower's or defendant's account. Typically, the creditor sues the borrower and obtains a judgment, or court ruling. If the borrower-defendant does not satisfy the judgment, the creditor-plaintiff presents the bank or credit union a copy of the judgment. The bank or credit union then applies a freeze or levy on the borrower-defendant's account.

• 1

  Sue the individual in civil court. Determine the jurisdictional amount -- which is the amount the individual owes you -- and file a complaint in small claims court or civil circuit court. Go to the appropriate courthouse and request a complaint form from the clerk. Complete the complaint form, file it and pay the filing fee. Serve the defendant with a copy of the complaint through the sheriff's office or process server.

• 2

  Obtain a default or summary judgment. Wait for the statutory answer period to expire, which is generally 20 days. If the defendant does not file an answer, schedule a default or summary judgment hearing with the clerk of the court. Attend the hearing and receive a judgment.

• 3

  Apply for a Writ of Garnishment. Go to the judgment awarding court and request a Certificate of Judgment. Present a copy of the judgment and complete the certificate application. Receive a Certificate of Judgment and apply for a Writ of Garnishment.

• 4

  Phone the defendant's bank or credit union and ask for their procedure to file a Writ of Garnishment. In general, you will have to provide a copy of the Writ of Garnishment and/or Certificate of Judgment to the banking institution's garnishment department.

• 5

  Wait for the distribution. When sufficient funds have cleared the defendant's account, the bank will collect and distribute the monies to you, the plaintiff.