Legal Question in Real Estate Law in New Jersey

Thank you for your LawGuru question. Personal belongings are generally subject to levy, as is most property jointly owned with a spouse (but not primary marital residences). However, creditors typically search for liquid assets first---for example, bank accounts. Creditors can levy against cars, but since most cars are subject to secured loans (i.e., loans where lenders have "first dibs" on the car) and since the amount of the car loan very often exceeds the market value of the car, cars are not usually the first choice of creditors. A creditor (and its lawyer) are not required to accept a payment plan. It's a shame the court officer was rude, but frankly, it is not the within the court officer's power or responsibility to negotiate a payment plan. You must communicate with the creditor or its attorney. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.