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I am not an attorney, I am a Judgment and Collection Agency Broker. This article is my opinion, from my experience in California. If you want legal advice, please contact an attorney.
Of all of my articles, this late 2011 article is very likely to get outdated, as banks change policies and merge procedures often. Make sure you verify the policy of the bank prior to levying 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 banking account at, to withdraw funds.
Those laws became obsolete, as one may withdraw money at countless of locations, including certain grocery chains. Around 2009, California CCP 704.140 specified that banks can decide where they will allow a garnishment - at some, one, or every branch.
When a brokerage account (cash only) or a bank has an agent for service of process, and is registered in California, one may serve a garnishment on the California address and levy judgment debtor bank cash funds in every state, because of long-arm statutes. If one can't use long-arm statutes, one must domesticate judgments to where the judgment debtor's assets reside.
Some California banks mandate that one to garnish the office where the judgment debtor maintains or opened an account. Each California bank has their own policies on the way garnishments can be served on them. Outside of California, usually, you can levy on any branch in the state. (To determine where to serve subpoenas, check out http://subhq.wordpress.com.)
Here is a synopsis of a few California bank garnishment information:
Ameriprise - (cash funds only without a court order) Serve any branch.
Ameritrade - (cash funds only without a court order) Serve any branch.
Arrowhead Credit Union - Serve any branch.
Bank Of America (BOA) - For Now, you need to serve the branch where the account is now maintained or where it was opened. If you know the judgment 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 St., SF, 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 any branch. (They are a subsidiary of California Zion's National Bank) Their levy department # is 858-514-2592. Charles Schwab - (cash funds only without a court order) - Serve any branch. Their California legal department is: Office Of Corporate Counsel, 101 Montgomery St., SF, 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 any branch - to levy judgment judgment debtor accounts in any state (wow). They are slower because they forward levies to NY, then to Texas. To speed things up, some recovery specialists arrange to fax their Texas office immediately after the levy is served, to freeze the judgment 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 need to serve the branch where the account is now maintained or where it was opened. However, if you garnish 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 - For Now, 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 without a court order) - cash accounts are held at 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 St., Los Angeles, CA 90017.
Navy Federal Credit Union - Serve any branch. Their legal/levy contact number is 888-503-7105, option 4.
Schoolsfirst Credit Union - Serve any branch.
Scottrade - (cash funds only without a court order) Serve any branch.
Umpqua Bank - Serve any branch. Their levy department # is 866-486-7782.
Union Bank - For Now, you need to 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 any branch.
Wachovia (now Wells Fargo) - Serve any branch.
Washington Mutual (Now Chase) - Serve any branch.
WestAmerica - Serve 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.
It may be hard to believe, however there is a strong hint that many banks, particularly Chase, are quietly offering "levy proof" accounts to certain customers. They name them "client trust accounts". The banks write "no funds" on the memorandum of garnishee. This is immoral and illegal. However, I see reports of this at least a few times a month.
When a bank writes "no funds" and you know there was money in the account, you may subpoena their records (with a judgment debtor exam) or sue them. In small claims court, they will probably pay you instead of showing up in court. On larger amounts, they will probably fight your lawsuit.
