Legal Question in Credit and Debt Law in New Jersey

Repeated Levy

A court officer put a levy on my account a couple weeks ago and practically wiped my bank account out. I then called him and spoke to his secretary and said to write a letter proposing a payment plan and stating my fiancial background. I did and she called to confirm on the 30th of every month I will submit $100 to his pobox. Well today the 25th, he did another levy and completely cleaned out my account. I had nothing in writing but they had said that wouldnt be done if I kept up the payment plan. but its not even the 30th yet! I havent spoken to them yet, they are closed till Monday. Can they just do that? My bank penalizes me everytime $125. What can I do???


Asked on 7/25/08, 8:15 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Repeated Levy

There is something wrong here. I have never known a Court Officer to create a payment plan. Their authority is derived from a writ of execution that requires them to sieze and retain the property that is within the scope of the writ. Even if the court officer wanted to release a levy, he would have no authority to do that without a court order. It's more likely that you actually contacted the creditor who will, of course, take whatever they can get in satisfaction of the judgment. Try calling the court.

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

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Answered on 7/25/08, 10:59 pm


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