Legal Question in Credit and Debt Law in New Jersey
a levy on my bank account
When I was a minor I was being treated for Sleep Apnea at a doctor's office. For some reason one of the visits wasnt payed by the insurance. At the time I was insured under my father's insurance policy. About a year ago I was checking my bank account and there was over $400 missing. When I spoke to the bank they told me there was a levy on my account from the doctor's visit that wasnt payed by the insurance. When I spoke to the lawyer who authorized the levy he told me he sent letters warning me the levy was going to be placed. When I went through my old mail I found that the letters were addressed to my father who has the same name as me but a different middle name. My father doesn't live with my family anymore and I never opened his mail. I wrote a letter to the court and the lawyer explaining the situation and did not receive any response. I finally was able to get the paper work needed from the lawyer to have my money released. My main question is do I have grounds for a lawsuit because I feel like my rights were violated when the levy was placed on my account when as far as I can tell it is my father's bill and I had no idea that these proceedings were even happening. Any help would be greatly appreciated.
1 Answer from Attorneys
Re: a levy on my bank account
Your course of action will differ depending on whether the judgment was entered against you or your father. It should have been entered against your father because he was responsible for payment of that debt. If that is the case, you can oppose turnover of the funds by the bank because the levy is against the wrong person. It sounds as if you have the papers that will help you with that.
As for suing somebody for the insult, good luck. The error was most likely made by the court officer and, if it was made in good faith and if you cannot point to any economic damages, you are unlikely to get much from a suit except a legal education.
See also: http://info.corbettlaw.net/lawguru.htm
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