Hey all you civil experts-I have a constable that has been given a writ of execution against a bank. The Attorney representing the debtee suggests that he to the vaul and take out the amount of money owed. I do not see anything that says a bank's money is exempt from a writ of execution. Am I missing something. My constable wants to be very sure.

Although I do read in the Rules of Civil Procedure that the debtor must be asked to desigante proerty before the constable chooses.

I just want some reassurance.

Julie

I might be inclined to contact FDIC (and the bank) before I let a constable march into a bank vault and grab a fistful of money. That money generally doesn't belong to the bank -- typically, it belongs to the depositors or (worse yet) to the federal reserve. Moreover, there may well be some federal law that essentially has preemptive effect on our execution laws.

On a more basic note, I can't believe a bank would let a judgment go to execution. I'm getting a vision here ... a bit blurry, but ... is this judgment one of the default variety?

Actually it is a judgment from a summary judgment. You would have to know the owners of this small town bank. A little stubborn. Thanks for the advice.

Julie

I'm dying to know how this turned out.
If I understand this right, the judgment was against the bank?? I'd tell the constable to take the office furniture, starting with all the chairs (the president's first), then the desks, etc....(and all those chained pens--they must be worth something or they wouldn't be chained.) What's the status?

Here is an update-

FDIC agrees with me and said that the currency does not belong to the bank and can not be seized. But my constable went to the bank, made demand and they said hell note. He found some real estate that they own and now it is going on the auction block. I will keep you informed.

Julie

Thanks for the update.

I spoke w/ my civil process capt. in the sheriff's dept who told me he would have taken the money, which scared me b/c I was w/ Scott on this one. Good luck.