Bank account frozen, credit debt

[debt_in_NJ]

What is the name of your state (only U.S. law)? New Jersey

Without a doubt, I owe money on an old credit card debt. That is not in question. I need to get bills in order and fix things, but that's an entirely different issue.

We had nearly $1,000 in our bank account, which unfortunately is solely in my name. My husband has also had his direct deposit going here for a few years. A law firm that is collecting for an old credit card debt was able to seize this account and left us temporarily broke and unable to pay rent and other bills.

I know they are within the statute of limitations, as the debt is about 3-4 years old at this point. I don't know, but was told by a dummy friend that NJ is not a community property state and they cannot take a spouses money to satisfy the other spouses individual debts. Problem is, they took from an account that was solely in my name. But it can easily be proven that my husband has his direct deposit going there, and pretty much the only money going there for awhile as I have been on disability for about the past 8 months.

We certainly cannot afford a lawyer. Would it be a waste of time to even think about attempting to get this money back, to help with rent and bills? Without an attorney, I'm assuming it would be next to impossible, even if all the above were true of what I "assumed" about marital finances. While of course we want to do the right thing with debts, and by no means deny this debt, we still have to figure a way to pay rent.

Any advice or guidance would be appreciated, even if it's just to tell me that I am SOL!!

 

[Ohiogal]

What is the name of your state (only U.S. law)? New Jersey

Without a doubt, I owe money on an old credit card debt. That is not in question. I need to get bills in order and fix things, but that's an entirely different issue.

We had nearly $1,000 in our bank account, which unfortunately is solely in my name. My husband has also had his direct deposit going here for a few years. A law firm that is collecting for an old credit card debt was able to seize this account and left us temporarily broke and unable to pay rent and other bills.

I know they are within the statute of limitations, as the debt is about 3-4 years old at this point. I don't know, but was told by a dummy friend that NJ is not a community property state and they cannot take a spouses money to satisfy the other spouses individual debts. Problem is, they took from an account that was solely in my name. But it can easily be proven that my husband has his direct deposit going there, and pretty much the only money going there for awhile as I have been on disability for about the past 8 months.

We certainly cannot afford a lawyer. Would it be a waste of time to even think about attempting to get this money back, to help with rent and bills? Without an attorney, I'm assuming it would be next to impossible, even if all the above were true of what I "assumed" about marital finances. While of course we want to do the right thing with debts, and by no means deny this debt, we still have to figure a way to pay rent.

Any advice or guidance would be appreciated, even if it's just to tell me that I am SOL!!

Why doesn't your husband have a bank account in his name for his checks?

 

[debt_in_NJ]

Why doesn't your husband have a bank account in his name for his checks?

Good question. In hindsight, it should have all been left separately. But I thought it would be easier to have things in a centralized location in order to take care of finances and shopping and such. My line of thinking wasn't to try and keep things separate. This account existed for quite some time, prior to marriage, and just kind of started letting him put his deposits there after marriage. There are also 2 debit cards in use for both of us, but both are in my name.

 

[Ohiogal]

Good question. In hindsight, it should have all been left separately. But I thought it would be easier to have things in a centralized location in order to take care of finances and shopping and such. My line of thinking wasn't to try and keep things separate. This account existed for quite some time, prior to marriage, and just kind of started letting him put his deposits there after marriage. There are also 2 debit cards in use for both of us, but both are in my name.

And he doesn't have his name on it, why? I ask because it looks like he was trying to hide his earnings.

 

[single317dad]

Have you received the "Notice to Debtor" yet?

https://www.judiciary.state.nj.us/rules/r4-59.htm

(h) Notice to Debtor. Every court officer or other person levying on a debtor's property shall, on the day the levy is made, mail a notice to the last known address of the person or business entity whose assets are to be levied on stating that a levy has been made and describing exemptions from levy and how such exemptions may be claimed by qualified persons. If the execution is served on a bank or other financial institution as garnishee pursuant to N.J.S.A. 2A:17-63, the officer shall mail the notice to the debtor on the day the officer serves the writ. The notice shall be in the form prescribed by Appendix VI to these rules and copies thereof shall be promptly filed by the levying officer with the clerk of the court and mailed to the person who requested the levy. If the clerk or the court receives a claim of exemption, whether formal or informal, it shall hold a hearing thereon within 7 days after the claim is made. If an exemption claim is made to the levying officer, it shall be forthwith forwarded to the clerk of the court and no further action shall be taken with respect to the levy pending the outcome of the exemption hearing. No turnover of funds or sale of assets may be made, in any case, until 20 days after the date of the levy and the court has received a copy of the properly completed notice to debtor.

The Statute of Limitations as to suing for a debt means nothing to you at this point; your creditor already has a judgment, so has no need to file further complaint.

 

[debt_in_NJ]

And he doesn't have his name on it, why? I ask because it looks like he was trying to hide his earnings.

He is an idiot, no doubt about it! LOL But the intent wasn't really to hide, but rather keep him away from the money as he is worse with managing finances than I am, if you can believe that. There was really no intent to hide anything though. But understood, I can easily see how it appears that way. I'm the only one with the old debt, so there wouldn't be much reason to hide any of his earnings anyway.

 

[debt_in_NJ]

Have you received the "Notice to Debtor" yet?

https://www.judiciary.state.nj.us/rules/r4-59.htm



The Statute of Limitations as to suing for a debt means nothing to you at this point; your creditor already has a judgment, so has no need to file further complaint.

Nothing as of yet, but perhaps it's still in the mail and I'll receive it soon. The money was levied on Friday the 8th. I'll be on the lookout for this notice and see if there is anything within that we can qualify for. If so, I can file the notice. If not, I suppose maybe it's best to let it go and make arrangements to get on a payment plan with them to avoid a repeat in the future. Thank you very much!

 

[single317dad]

Nothing as of yet, but perhaps it's still in the mail and I'll receive it soon. The money was levied on Friday the 8th. I'll be on the lookout for this notice and see if there is anything within that we can qualify for. If so, I can file the notice. If not, I suppose maybe it's best to let it go and make arrangements to get on a payment plan with them to avoid a repeat in the future. Thank you very much!

If your most recent address in the court case file doesn't match your current address, you may not receive the notice at all. Have you received the other documents from this case, including the initial complaint and court's judgment?