Legal Question in Credit and Debt Law in New Jersey

Bank levies are served by the sheriff or court officers. This can only occur if the creditor has obtained a judgment against you. That can only occur after a creditor files a Complaint with the court. Were you aware that you had been sued? Were you aware that the suit resulted in a judgment against you? If you were never served with the lawsuit, you can consider making a motion to vacate judgment. Also, you should consider the fact that if any of the funds in the bank account are social security, unemployment or disability, they are exempt. You are also entitled to a $1,000 exemption in general. You should assert this exemption immediately by sending notice to the court and the creditor in the proper manner. That will get you the quickest relief. Then you can consider a motion to vacate if appropriate. If you require assistance, feel free to call me.

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Your question raises a number of issues. First, a levy against a bank account is always without notice of that event. However, you should have been aware of the underlying suit and judgment by virtue of being served with the summons. If you were not served, you may be able to oppose the levy and then move to have the default judgment and default set aside. If you do that, you can answer the complaint and assert the statute of limiations as a defense. /p/ See also: http://info.corbettlaw.net/lawguru.htm