Bank Levy released

[chyna1057]

Bank Levy released??!!!!

What is the name of your state? New Jersey

A collection agency was granted judgment to put a levy on my bank account on Dec. 31 for my entire paycheck. My rent and other bills were due that same pay period and I ended up having to borrow the amount from friends and family. I already couldn't afford to pay my outstanding credit bills and on top of that, i now have to find a way to pay back my friends and family. I spoke to a few lawyers concerning how to get back the money lost to the bank levy to pay back what I borrowed and all of them said that I would have to file for bankruptcy. Something about only having a certain amount of time to stop the collection agency from collecting. Then after consulting with me, they said that they would have to be paid $1000 to file for me. I was already in the hole for money I couldn't afford to loose working paycheck to paycheck. So How could I afford $1000 to give to a lawyer. I had a friend refer me to a website her uncle used and it helped prepare my paperwork. I had my creditors meeting last week and was extrememly nervous. Hope all goes well and works out for me.
My question today is, If everything works out ok and my debts get discharged, How would I go about getting the bank to release the levy and give my money back to me? Who should I contact for help? Obviously I can't afford a lawyer, but Will they give me that advice for free. Also, I've called the bank levy department to ask them and they referred me to the court officer with whom I've now left 3 messages, 4th just hung up without receiving a call back.

 

[Ladynred]

Once your debts are discharged, then you file a motion to vacate the judgment, that will get rid of the levy. However, you should be able to get the levy released before that, NO collection activity is allowed while the automatic stay is in place. You'll need your BK case number to prove you have filed.

 

[chyna1057]

How do I get the levy released before that? Do I have to contact the court officer and to file motion to vacate judgment? Is there a sample of the correct format anywhere out there?
Any and all help you can provide, BELIEVE ME, is GREATLY appreciated. I've been ashamed of myself for my ignorance and letting my debts go this far. Only one way to go from bottom and that's up! Thanks Ladynred!

 

[Ladynred]

The court can vacate the judgment, but only after you have proof of your discharge. You should call the court clerk and find out if the judge will release the levy with evidence of you bankruptcy case. Its possible the judgment creditor may not agree to release it until after your discharge and there's 100% no way they'll ever get any money from you.