Legal Question in Business Law in New Jersey
judgement levy
my wife has a judgement levy against her bank account where they have froze her funds. the judgement was against me, the account is her account from before we were married, her paycheck goes into it, she added me on as a co0signor after the marriage. do they have the right to sieze her funds if the judgement was against me and my business?
2 Answers from Attorneys
Re: judgement levy
sounds like you need a lawyer to help. this is serious.
If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.
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Re: judgement levy
Your wife can avoid having this money taken but must act quickly to do that.
If the creditor has your address, you should soon receive a notice that the creditor has applied to the court to have the funds turned over. However, your wife should contact the court because the notice will only be sent to your last known address which may be outdated. Contact the bank to find out which court office or sheriff made the levy. Contact the officer to find out the details of which court is handling the levy. Your wife will then need to file a certification that the money is her individual property and not your property or marital property.
Do not assume that because the bank has your address that the creditor does. The bank and court officer acted on the basis of name and SSAN. Your current address would not have been releases. That is why the bank mails you a notice too. If you don't contact the court, the next thing you know may be that the account has been charged what is due.
It may be best for your wife to get a lawyer to help with this. If you don't do it correctly, the court will order the bank to pay the funds and then your wife will have to go to court to try to get the money back. That will certainly involve a lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
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