My bank accounts were opened in VA (Wachovia/Wells Fargo). I moved to NC in Nov. I found out Friday evening that both my savings and checking accounts had a lien put on them from a furniture company, they took all of my money. From everything I can find NC requires them to leave 500.00, are they able to take everything because the accounts are VA accounts even though I legally reside in NC? Also, is the 500.00 per account?
Answer
Where are you getting that they have to "leave" $500? That might be referring to your NC constitutional exemptions. However, you leave out important details - such as when did your account go into default? When was a judgment entered? Where was the judgment entered?When did you move to NC?
The NC exemptions do not apply to Virginia judgments Wachovia/Wells Fargo is in Virginia. I am not licensed in Virginia and you would need to speak to a Virginia attorney regarding the exemptions there. My guess is that this all took place in Virginia and if that is the case, NC law and NC exemptions do not apply just because you live here now. While NC law would apply to things like your car or land or personal property if a Virginia judgment were transferred properly to NC, because the bank accounts are in Virginia and Wachovia/Wells Fargo has branches there, the accounts can be levied there and no transfer is needed.
You should have done something about this long ago when you were first sued. Absent special circumstances, that money is gone. My advice would be to do what you should have done and get a bank account at a small community bank out of state from wherever the judgment was entered or better yet, get an online bank account or debit card so the creditor cannot attach any more of your bank funds. Whatever you do, DO NOT deposit any more funds into the Wachovia/Wells Fargo account and stop any direct deposits into that account now.
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