Form 33-35

Delivery of the notice of levy is governed by Tex. Fam. Code § 157.327(e).

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Notice of Levy to Financial Institution

TO: [name and address of financial institution]

Obligor:

Full name:

Address:

Birth date:

Driver’s license number:

Social Security number:

Alias(es), if any:

Bank account number(s):

Obligee:

Full name:

Amount of child support arrearages owing at [date]: [number] dollars ($[amount]) 

Date of order that determined arrearages: [date]

The Notice of Levy is made by [name and address of claimant].

You are directed to pay the claimant, not earlier than the fifteenth day or later than the twenty-first day after the date of delivery of this notice, an amount from the assets of Obligor or from funds due to Obligor that are held or controlled by you, not to exceed the amount of the child support arrearages identified in this notice, unless—

1.you are notified by the claimant that Obligor has paid the arrearages or made arrangements satisfactory to the claimant for the payment of the arrearages; or

2.Obligor or another person files suit under section 157.323 of the Texas Family Code requesting a hearing by the court.

Pursuant to section 157.327 of the Texas Family Code, you may not (1) close an account in which Obligor has an ownership interest, (2) permit a withdrawal from any account Obligor owns, in whole or in part, or (3) pay funds to Obligor so that any amount remaining in the account is less than the amount of the arrearages identified in this notice, plus any fees to you and costs of the levy. You may deduct the fees and costs of the levy from Obligor’s assets before paying the claimant.

You shall notify any other person having an ownership interest in an account in which Obligor has an ownership interest that the account has been levied on in an amount not to exceed the amount of the child support arrearages identified in this notice.

A copy of this notice is being sent to Obligor.

Notice to Obligor

You are notified that the claimant will not proceed with levy, if, not later than the tenth day after the date of receipt of this notice, (1) you pay in full the amount of the arrearages identified in this notice or (2) otherwise make arrangements acceptable to the claimant for the payment of the arrearage amounts.

You may contest the levy by filing suit under section 157.323 of the Texas Family Code not later than the tenth day after the date of receipt of this notice.

I swear that the above facts are true and correct.

   
[Name of claimant/preparer]
[Address]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas