CCP 704.140

By: Mark D. Shapiro | Posted: 23rd January 2012

I am not a lawyer, I am a Judgment and Collection Agency Broker. This article is my opinion, from my experience in California. If you need legal advice, please contact a lawyer.

Of all of my articles, this late 2011 one is most likely to get stale, as banks merge and change policies often. Always verify the policy of the bank before you levy a bank account.

In the past, the California laws covering bank levies were formed in the days of the typewriter, when people had to visit the branch where they opened their bank account at, to withdraw funds.

Such laws are obsolete now, because one may withdraw funds at thousands of locations, including some grocery chains. Around 2009, California CCP 704.140 specified that banks may choose where they will accept a levy - at some, one, or all branches.

If a bank or a brokerage account (cash only) has an agent for service of process, and is registered in California, you may serve a garnishment on the California address and reach debtor bank cash assets in any state, thanks to long-arm statutes. If one cannot take advantage of long-arm statutes, you need to domesticate the judgment to where the judgment debtor's assets reside.

Some California banks mandate that one to garnish the office where the debtor maintains or opened an account. Each California bank has their own policy on how levies can be served on them. Outside of California, generally, any bank branch in the state, is ok to levy. (To find out where to send subpoenas, check out http://subhq.wordpress.com.)

This is a synopsis of a few California bank garnishment information:

Ameriprise - (cash funds only unless you have a court order) Serve any branch.

Ameritrade - (cash funds only unless you have a court order) Serve any branch.

Arrowhead Credit Union - Serve on any branch.

Bank Of America (BOA) - Currently, you need to serve the branch where the account was opened or where it is now maintained. If you know the debtor's account number, the first 4 digits of the account number indicates the branch number. Call, and ask the bank "what is the address for the branch?" and the first 4 digits of the account number. Their California legal department is at: 45 Fremont Street, San Francisco, 94105, 800-283-4262.

Bank Of The West - Serve any branch.

Cal-Fed Bank - policy changing, their legal processing department # is 916-374-5945.

California Bank and Trust (California Bank and Trust) - Serve on any branch. (They are a subsidiary of California Zion's National Bank) Their levy department # is 858-514-2592. Charles Schwab - (cash funds only unless you have a court order) - Serve any branch. Their California legal department is: Office Of Corporate Counsel, 101 Montgomery St., San Francisco, CA 94104, # 877-243-9263.

Chase (JP Morgan Chase Bank, N.A.) - Serve any branch. Their levy department is at 800-869-3557, extension 818.

CitiBank - Serve on any branch - to levy judgment judgment debtor accounts in any state (wow). They are slower because they forward levies to New York, then to Texas. To speed things up, some recovery specialists make deals to fax their Texas office immediately after the levy is served, to freeze the debtor's account faster. Litigation Support, 866-582-6249, their levy department is: 916-374-6100 (Option 8), 830 Stillwater Road/D-1, West Sacramento, CA 95605.

Comerica - For Now, you must serve the branch where the account is now maintained or where it was opened. However, if you levy the wrong branch, the bank writes down the correct branch on the memorandum of garnishee form. This is great, however they notice the judgment debtor, giving them a chance to remove funds. Their levy department in California is 408-556-5479 or 408-573-2111.

Community Bank - Currently, you must serve the branch where the account was opened or where it is now maintained. Their levy department # is 800-788-9999 x 1256. If you garnish the wrong branch, the bank writes down the correct branch on the memorandum of garnishee form.

ETrade (cash funds only unless you have a court order) - cash accounts are held by Discover Bank. Customer service is at 800-717-9833, PO Box 30416, Salt Lake City, UT 84130.

Merrill Lynch (cash funds only without a court order) - Serve any branch. Their custodian of records is: Merrill Lynch, Pierce, Fenner, and Smith, Inc, care of CT Corporation System, 818 West 7th Street, Los Angeles, CA 90017.

Navy Federal Credit Union - Serve on any branch. Their levy/legal contact number is 888-503-7105, option 4.

Schoolsfirst Credit Union - Serve on any branch.

Scottrade - (cash funds only without a court order) Serve on any branch.

Umpqua Bank - Serve any branch. Their levy department # is 866-486-7782.

Union Bank - Currently, you must serve the branch where the account is now maintained or where it was opened. However, if you levy the wrong branch, they write down the correct branch on the memorandum of garnishee form.

USAA Federal Savings Bank - based in Texas. They have 2 offices in California: Oceanside and San Diego. They accept garnishments by mail.

US Bank Calif - Serve on any branch.

Wachovia (now Wells Fargo) - Serve any branch.

Washington Mutual (Now Chase) - Serve any branch.

WestAmerica - Serve on any branch.

Wells Fargo - Serve any branch. Their levy department is at 480-724-2000 (press 9, then 1) PO BOX 29779 - Phoenix, AZ 85038. World Savings (Now Wells Fargo/Wachovia) - Serve any branch.

Hard to believe, however there is a strong hint that many banks, especially Chase, are quietly offering "levy proof" accounts to some customers. They name them "client trust accounts". The banks write "no funds" on the memo of garnishee. This is immoral and illegal. However, I hear reports of this at least a few times a month.

When a bank writes "no funds" and you know there were funds, you may subpoena their records (with a debtor exam) or sue them. In small claims court, they will probably pay you rather than show up in court. On larger amounts, they will probably respond.


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Tags: legal advice, brokerage account, bank of america, typewriter, mandate, judgment debtor, long arm