Benk Levy - Help

[mountainjammed]

What is the name of your state? NJ

I have a judgement against me. A while back I began the process of filing for bankruptcy, but never completed it. During that time I was issued an Information Subpoena, which I filled out to avoid being arrested.

Now, today, I went to withdraw funds from my checking account and found out that there is a Levy on it. They cleared out my entire account!

Does this mean that it will happen everytime I deposit money in the account, or is this a one time thing? I know that what was in there was not enough to cover the debt, so I'm assuming that they can keep doing it until the debt is payed off.

Am I too late to file for bankruptcy now? If so, what are my other options?

What if I stop putting money in this account? At this point I'd almost rather them garnish my wages as I believe that they cannot take more than 10% out in NJ. They took out my entire weekly paycheck in one fell swoop with this Levy.

I'm actually scared at this point and feel like there is no hope. I just want this to be over with.

Thanks for your help.

 

[Ladynred]

What you need to do is file for bankruptcy IMMEDIATELY if you can. There is some chance that you might get all of that money back taken in the levy. You can also appeal the levy with the court, but you may not get anywhere with that.

Whether or not the levy is one-time shot or not depends on your state law. Whatever you do, do NOT put any more money into that account !!

It is NOT too late to file for bankruptcy, in fact you shouldn't have delayed. Once you file, they cannot continue to do anything to collect on that judgment and the money they took may be recoverable.

 

[mountainjammed]

Is there a way to find out if this was a one time thing or not? First of all, I have bills to pay. They have overdrawn my account no so I'm almost 70 bucks in the hole with that account. Secondly, I'm not sure how I can pay an attorney now because my account has been cleaned out.

 

[seniorjudge]

Q: Is there a way to find out if this was a one time thing or not?
A: Ladynred gave you the answer to that.

During that time I was issued an Information Subpoena, which I filled out to avoid being arrested.

This is a good thing....Don't fail to show up for any debtor's examinations or they may throw you in the clink for contempt of court by disobeying a court order. Judges are really touchy when you ignore their invitations to come see them.

 

[Ladynred]

The NJ Statutes are a pain to wade thru but I *THINK* this is the answer:

2A:26-8. Personal property bound from time of execution of attachment
The attachment shall bind the attached goods and chattels, rights and credits, moneys and effects of defendant attached from the time of its execution. The attached property, unless released, shall, during the pendency of the action, remain as security for any judgment which may be entered in the action.

In other words, if I understand this, it means that the hold stays on your account and they can take whatever money goes in to it until the judgment is paid and they release it.

If I'm wrong (lawyers), please enlighten us

 

[seniorjudge]

...In other words, if I understand this, it means that the hold stays on your account and they can take whatever money goes in to it until the judgment is paid and they release it....

I agree with your interpretation.

Obviously, there may be exemption statutes that I know nothing about.