Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Joint bank account frozen.

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  • Joint bank account frozen.

    My mothers bank account which also has my name on it was frozen yesterday for the full amount. I don't own any of the money in her account and can prove that all contributions are made by her by matching them to her pay stubs. I called the bank today and I was told that Writ of Garnishment was served to them by New Century Financial Services and that I will be getting paperwork in the mail on Monday. Now I know I can appeal to the court but I wanted to find out how likely am I to get her money back and if it's doable without a lawyer since I can't really afford one at this time. New Century Financial Services got a judgment against me back in 2012 and now they finally caught up with my mothers account and yes I know I should have removed my name from it before this happened. Any help would be appreciated.

  • #2
    I did a quick Google search and I think you may be in luck. See the article at http://newjerseylawreview.blogspot.c...oint-bank.html

    If the procedure is anything like in California, the paperwork you receive will tell you how to oppose the garnishment.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      Thanks for the replay, guess I'll just have to wait and see what the paperwork says and take it from there.


      • #4
        All I got in the mail so far is a notice from the bank they have been served with Execution against Goods and Chattels from the Superior Court of New Jersey and a copy of the writ of execution. Should I be getting anything else?


        • #5
          Originally posted by GKW View Post
          All I got in the mail so far is a notice from the bank they have been served with Execution against Goods and Chattels from the Superior Court of New Jersey and a copy of the writ of execution. Should I be getting anything else?

          I think you will be getting more. Below are links to information from the New Jersey Courts for pro-se judgment creditors on how to collect a judgment.

          This article on an attorney website may be helpful too:

          Based on the above links, I think you are going to get a notice of motion to turn over funds. That notice will tell you:

          written response must be in the form of a certification or affidavit. That means that the person signing it
          swears to the truth of the statements in the certification or affidavit and is aware that the court can punish
          him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask
          to appear before the court to explain your position. If the court grants oral argument, you will be notified of
          the time, date and place. Your response, if any, must be in writing even if you request oral argument. Any
          papers you send to the court must also be sent to the opposing party’s attorney, or the opposing party if not
          represented by an attorney.
          If you do not notify the Clerk and the undersigned in writing within ten (10) days of service of the motion that
          you object to the entry of the order sought, the court in its discretion may enter the order against you without
          a hearing.
          The attorney article says you do not have to wait for the motion. You can file your own motion objecting to levy. The attorney has a kit you can download that is supposed to help you fight a levy. I know nothing about this attorney or the kit. I just found it in a Google search.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


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