Legal Question in Credit and Debt Law in New Jersey

Levy

About 2 years ago my wife went through a period of ''spending'' she has since ceised and desisted and I have basically cut up all her credit cards and put her on an allowance (mind you she asked for it as part of her treatment)

Things have been really well except that one company has levied her about 6 month ago. The debt was in HER name only, yet they levied a car that is owned and financed by me (registered in both names, she drives it mostly) and yesterday the firm has cleaned out the ENTIRE bank account to the penny. The account is a joint account, but since my wife does not work all the monies deposited are from my job paying the family bills.

My question, is it legal to clean out the entire account,even though I am the only contributor with my salary, is there a limit to how much can be taken, as not to pose financial hardship (I'll have trouble paying the mortage now_) and also can they take the car even though its financed by me and the debt is in her name only.

We have tried to make arrangements for repayment (its only a twothousand dollar debt alltogether) but the Lawyers have been unresponsive.

Thank you for your consideration


Asked on 8/01/03, 8:23 pm

1 Answer from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: Levy

You should have received a notice to complete the levy from the attorney which has to be filed with the court. You can object to it in writing and get a hearing. The levy is entitled to attach anyting with your wife's name on it even if it is joint.

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Answered on 8/04/03, 9:20 am


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