Foley v. Audit Services, Inc.

Plaintiffs Michael Irving Foley and Cheryl Denise Foley filed this action against defendant Audit Services for wrongful execution and conversion. Plaintiffs’ bank account was levied upon under a writ of execution obtained by Audit Services. Plaintiffs were strangers to the action from which the writ issued against the judgment debtor, Mike Foley. Plaintiffs seek actual and punitive damages. The Lewis and Clark County District Court granted summary judgment in favor of Audit Services and plaintiffs appeal. We affirm.

The issues are:

1. Did the District Court err in concluding that the judgment…