Execution against goods and chattels

[netgirlie]

I was just served a execution against goods for a judgment that was issued against me on 9/13/2004. I purchased a used car and to make a long story short the car was a victim of arson and the car is gone. I still owe the car place 4,946.00. I lost my job and told the person I couldn't make payments for a few months and he took this action. What I would like to know is: Is there something I can do to stop them from taking my stuff? They haven't taken anything yet( I was just served) If so what can I do? I can make payments on the car I have a job again and I am willing to do that. Please advise. Thanks I Live in NJ.

[netgirlie]

Does anyone have any idea on what to do with this? Should I be looking to see if their are any exemptions???

[JETX]

Is there something I can do to stop them from taking my stuff? They haven't taken anything yet( I was just served) If so what can I do?

Actually, there is nothing you can do to stop a legally valid enforcement process. New Jersey law exempts the following property from judgment seizure:
Homestead: None.

Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for public employees. IRA exemptions for conventional, Roth, education, SEP and SIMPLE plans.

Insurance: Annuity contract proceeds to $500 per month. Fraternal society benefits. Military disability or death benefits. Disability, death, medical or hospital benefits for civil defense workers. Life insurance proceeds if proceeds cannot be used to pay beneficiary's creditors. Health or disability benefits. Life insurance proceeds if another insured. Group life or health policy proceeds.

Personal Property: Personal property and corporation shares up to $1,000. Clothing. Burial place. Furniture and household goods up to $1,000.

Tools of Trade: None.

Miscellaneous: Business partnership property.

Wages: 90% of earned but unpaid wages if income under $7,500. If income over $7,500, judge decides amount. Wages or allowances of military personnel.

Public Benefits: Workers' compensation. Unemployment compensation. Old-age and permanent disability assistance. Crime victim's compensation.

Wild Card: None.

Any property you have that is not listed above or above the listed exemption, is subject to seizure, levy and/or garnishment.

[netgirlie]

ok..so they can take my car and stuff like that. But what I really want to do is just stop them from execution of this all together because I want to PAY this now that I am able to do so. I have a job now and I can make payments on this debt, I need to know if I can file something to stop them from taking anything or freezing my bank account if they are allowed to do so. Thanks do much for your response JETX

[JETX]

I need to know if I can file something to stop them from taking anything or freezing my bank account if they are allowed to do so.

They can seize your non-exempt bank account. The only way to 'stop' them is to contact them and negotiate a settlement to the account. They have no legal obligation to do so, but normally will accept REASONABLE payment amounts in lieu of pursuing additional enforcement processes.

[netgirlie]

hmm..What if the bank account that has my name on it is shared with another person that I'm not married to and do not live with and am not a legal partner with in any way? Can they seize that bank account? Also when you say contact them are you refering to the court officer?

[JETX]

Can they seize that bank account?

Yep.

lso when you say contact them are you refering to the court officer?

Nope. The judgment creditor or attorney.

[netgirlie]

so basically if i was served today, how long do I have before I can expect this enforcement to take place? I will contact the creditor, but I don't think he is willing to take a payment plan now that he has this judgement no matter how reasonable the offer I make.

[JETX]

so basically if i was served today, how long do I have before I can expect this enforcement to take place?

About 10 minutes. Actually, the deputy doing the service will immediately start his 'execution'. After all, that is what he is there for.

I will contact the creditor, but I don't think he is willing to take a payment plan now that he has this judgement no matter how reasonable the offer I make.

Of course that could be true, but I can tell you that most judgment creditors are willing to accept a reasonable payment plan rather than rely on the vagaries of a possible execution, garnishment, etc.

One suggestion, contact me by private message with your contact information and I might be able to help mediate a solution.