Legal Question in Credit and Debt Law in New Jersey

levy on SocSec and Workmans Comp

I had a law firm from NJ clean out my bank account in PA. The deposits in the account are PA State Workman's Ins. and Soc Sec Disability. They also stated to the NJ courts that the amount is $10,000 more than it is. They also told me they will take what they want and Mr. Trump could care less if I am disablied.


Asked on 9/24/08, 4:51 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: levy on SocSec and Workmans Comp

PA is obligated to give "full faith and credit" to NJ judgments. However the manner and means of collection a judgment from a resident of PA in PA is up to the PA courts. So, if you have an issue with the NJ judgment, raise it in the NJ courts. If your objection is over how the judgment is being collected in PA, raise those issues in PA.

Not being a PA lawyer, I can't tell you what protection PA law gives to Worker's Comp. However, your SS income should be exempt from levy. My recommendation is that you consult a PA lawyer to see if action in the PA courts will protect that money.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/24/08, 5:40 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: levy on SocSec and Workmans Comp

You asked about seizure of funds from a bank account.

Amounts from Social Security disability payments are exempt from garnishment. But if those funds are commingled with funds that are not exempt then the entire account loses its exemption even to the amounts that are demonstrably from social security.

If the only other deposits to that account are workmans compensation payments then the entire account may be subject to exemption. Workmans comp payments are often, but not always subject to exemption from levy.

PA is pretty protective of its residents wages and disability and workmans comp are wages.

You may have a claim against the creditor's collection agent. You need to speak with a consumer law attorney immediately. Your time for acting is this matter is limited by law and any delay may prejudice your claim. You should also speak with your bank and find out their process for filing an objection to the levy based on the exemptions. Though, this is better left to your attorney.

Regards,

Roger

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Answered on 9/24/08, 5:49 pm


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