WAS YOUR BANK ACCOUNT GARNISHED BY A COMPANY CALLED LUTEA, LLC?
YOU MAY BE ABLE TO DISSOLVE THE GARNISHMENT AND GET YOUR MONEY BACK.
READ ON TO LEARN HOW.
Who is Lutea, LLC?
Lutea LLC, and its sister company Cerastes LLC, are debt buyer companies that are “successors in interest” to Dodeka, LLC and Pharia, LLC.
All four companies (Lutea, Cerastes, Dodeka, and Pharia) are related to the Seattle, Washington-based law firm of Weinstein, Pinson, & Riley.
Lutea and Cerastes Recently Initiated Hundreds of Bank Account Garnishments in Texas
Beginning around March of this year, Lutea and Cerastes began filing bank account garnishments to collect on old Dodeka and Pharia judgments. In Harris County (Houston) alone, Lutea and Cerastes filed over 250 bank account garnishments between March 1st and August 30th.
Many Lutea and Cerastes Garnishments Are Legally Deficient
It is illegal for Lutea to garnish your bank account, unless they search for other assets first, before resorting to garnishment. And, by law, they are required to submit an affidavit that explains in detail what efforts they undertook to locate other assets before resorting to garnishment.
I have reviewed dozens of Lutea and Cerastes garnishment affidavits. Every single garnishment affidavit I reviewed was deficient. Instead of detailing what search efforts they undertook, the affidavits say only this:
“Within my knowledge, Defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment. The garnishment is not sought to injure Debtor or garnishee.”
If the affidavit in your case contains only this verbiage, and nothing more, then the affidavit is legally deficient.
If Your Garnishment Affidavit is Deficient, You May Be Entitled to Dissolve the Garnishment and Get Your Money Back
Even though your bank account has been frozen, your money may not yet have been paid out to the judgment creditor. It generally takes anywhere from 2 weeks to 2 months after an account is frozen before the money gets paid out to the judgment creditor.
(For more information on how the garnishment process works and on the timelines involved, see our companion article How Bank Account Garnishments Work.)
As long as your money has not yet been paid out to Lutea, you still have the right to contest the garnishment and try to get your money back.
We have successfully dissolved several Lutea and Cerastes garnishments for this very reason.
Whatever You Do, You Need to Act Quickly
Once the bank pays your money out to Lutea, it’s gone. You can’t get it back after that. If you are going to contest the garnishment, you need to start now.
We are happy to review your garnishment for free and let you know how we can help. If you would like us to review your garnishment for free, simply fill out the contact form at left, or give us a call at 888-841-0025.
Your bank account may be frozen, but your money may not be gone yet. It’s up to you to fight to get it back.