Of all of my articles, this 2011 one is very likely to get stale, because banks change policies and merge procedures often. Make sure you verify bank policies before you levy a bank account.
Historically, the California laws covering bank levies were drafted in the days of typewriters, when people had to go to the branch where they opened their banking account at, to withdraw funds.
Such laws are obsolete now, as one may withdraw funds at countless of locations, including certain grocery chains. Around 2009, California CCP 704.140 specified that banks can choose where they will allow a levy - at one, some, or every branch.
If a brokerage account (cash only) or a bank is registered, and has an agent for service of process in California, one may serve a levy on the California address and reach debtor cash bank funds in any state, because of long-arm statutes. If you can't use long-arm statutes, you must domesticate judgments to where the debtor's assets are.
Some California banks require one to garnish the branch where the debtor maintains or opened an account. Each California bank has its own policies on the way garnishments may be served on them. Outside of California, generally, you can levy on any branch in the state. (To find out where to serve subpoenas, see .)
This is a synopsis of a few California bank levy information:
Ameriprise - (cash funds only without a court order) Serve any branch.
Ameritrade - (cash funds only without a court order) Serve on any branch.
Arrowhead Credit Union - Serve on any branch.
Bank Of America (BOA) - Currently, you must serve the branch where the account was opened or where it is now maintained. 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 California subsidiary of 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 reach 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 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 move 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 levy 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 on 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 on any branch. Their legal/levy contact number is 888-503-7105, option 4.
Schoolsfirst Credit Union - Serve any branch.
Scottrade - (cash funds only unless you have a court order) Serve any branch.
Umpqua Bank - Serve on any branch. Their levy department # is 866-486-7782.
Union Bank - Currently, you must serve the branch where the was opened or where it is now maintained. 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 on 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 on any branch.
It may be hard to believe, however there is a strong suspicion that many banks, especially Chase, are quietly offering "levy proof" accounts to certain customers. They name them "client trust accounts". The bank writes "no funds" on the memorandum of garnishee. This is immoral and illegal. However, I hear reports of this at least once a week.
If 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 rather than show up in court. On larger amounts, they will probably fight your lawsuit.
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