Legal Question in Credit and Debt Law in New Jersey

I received a notice in the mail yesterday that my asset, automobile, or account had a levy placed upon it due to an unpaid balance on a credit card. I honestly forgot about this credit card, and had not received communication regarding the account in a few years. I never received a summons to appear in court for this or given the option to deny the claims against me. Is there anything I can do at this point or am I stuck with having a hold on my bank account and assets until this balance is paid?


Asked on 1/06/10, 7:14 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

A little of both assuming that the notice is what it purports to be. If there is a valid levy on a specific asset, you should oppose the turnover of the asset by filing a moton with the court. At the same time, you may also apply to have the judgment vacated and, you should do so if the charges include interest and costs that could have been avoided if you were given notice. Assuming that the court grants the motion as to the judgment, you will then have to raise defenses if you have them. If the issue is simply one of opposing the costs and interest, you should be able to negotiate with the other party.

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

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Answered on 1/11/10, 9:12 am


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