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Has Your Bank Account Been Taken by Someone You Owe Money To?

Posted by William Wolfson | Jan 26, 2022 | 0 Comments

If you have an unpaid money judgment against you, your creditor's lawyers may ask a Special Civil Part Court Officer or County Sheriff to freeze the money in your bank account.

You may first notice this when a debit card payment is declined, a routine, automatic ePayment is not made, a check bounces or you get a letter from your bank with the bad news that your bank account has been frozen by someone you owe money to.

          The attorney for the creditor will then file a motion on notice to you asking the Court to order the money to be given to your creditor.  This is called a turnover motion.

You may be able to protect the first one thousand dollars $1,000 in your account as well.

The turn over motion is your chance to be heard by a judge to explain why the money should remain in your account and that you should be allowed to use the money and your creditor should not be permitted to take the funds. You must file a written response to the turn over motion with the Court. If you do not, the Judge may allow the money to be given to your creditor.

          Some money (based on its source and/or your ability to document it) is protected from being seized to pay the judgment against you. This means a creditor cannot take this money from you. One example is money from your social security payment. Another example is money you received from a worker's compensation settlement.

Do you want to know more? Give me a free, no obligation call at (908) 782-9333.

About the Author

William Wolfson

I am a third-generation resident of Hunterdon County, New Jersey. My family has lived and worked here since 1918 when my grandfather bought a farm near Frenchtown. In 1938, he and my uncle started a farm equipment sales and service business. I have lived and worked in Hunterdon County practically...

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