Legal Question in Credit and Debt Law in New Jersey

Re: Bank Levy

I would need to see the procedural history of the case, but it sounds to me that you need to file a motion to vacate the default judgment that was entered against you. Depending on how much we are talking about, you may want to get an attorney.

Re: Bank Levy

If you missed the court date, a default judgment would have been entered against you. To have a default judgment vacated, you or your attorney must file a motion and show two things: (1) that your default was caused by excusable neglect and (2) that you have a meritorious defense. The first criterion sounds as if you can meet it. You have not provided enough information for me to tell about the second.

Since there is a levy, you or your attorney will have the preliminary job of opposing the turnover of funds. (You should have received a notice that the court will turn over the money to the judgment creditor unless you oppose if for good cause.) In most cases, you or your attorney will able to file both motions at once. You should expect the court to award the other party its costs, including attorney fees, since the time of the default judgment as a condidion of vacating the default.

If that sounds complex then you probably should retain an attorney if you have a viable defense and if the difference between the judgment and the amount the attorney will charge you is large. Your alternative is to give up and pay the judgment.

If you would like to discuss the other facts and fees for our services, please contact me. The first consultation will not be charged to you.

Deadlines are important. I will be very hard for you to get the money back once it has been turned over to the creditor.

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