Legal Question in Credit and Debt Law in New Jersey

You need immediate counseling from an attorney. When you learned of the levy, you or your father should have immediately written to the COURT (not the collection agency) and asserted (1) that the funds are your father's and not yours; (2) that the source of most of it was social security which is exempt; and (3) that you were asserting your $1,000 exemption for the rest. In fact, you should have received a Notice to Debtor form the sheriff or court officer informing you of these rights. Did you receive a Motion to Turnover? If not, then the funds are still at the bank and have not been turned over to the creditor and you can still oppose the turnover of funds. Hopefully you did not receive and ignore the motion to turnover. As I said, you and/or your father need to take immediate action before it is too late to get your father's money back.

I agree with Mr. Walters. Depending on some other information, it is possible that you or your father have a claim under the Fair Debt Collection Practices Act. My firm limits our practice to defending collection lawsuits and bringing claims against debt collectors. If you'd like a telephone consultation, please give us a call. We do not charge for the consultation. 973-379-7500.