Dean v. Nationsbank

Pope, Presiding Judge.

Plaintiff Thomas Dean had a checking account with defendant NationsBank (“the bank”). When Dean failed to pay his federal income taxes, the IRS served the bank with a notice of levy. See 26 USCA §§ 6331 & 6332. After notifying Dean and waiting 21 days as required by § 6332 (c), the bank complied with the levy and surrendered the money in Dean’s account to the IRS. Despite notification that his access to automated teller machines (ATMs) was restricted during this 21-day period, Dean made several withdrawals from his account at ATMs, resulting in an overdraft of $2,500.…