Checking Account Levy

[mhenley]

New Jersey
I have a couple of judgments against me that due to job loss I cant pay. I recently got another job but at a much less salary that barely pays the bills. A collection agency recently levied against my car but the judge denied it because it was basically worthless. Since 22% of my gross pay is garnished for child support they also can't garnish my pay. Now they sent me an informational subpoena asking for my checking account number.
That is the only bank account I have and I only have enough money in it to pay my monthly bills.
Do I have to supply them with this information?
Will I be allowed to have money in this account that is exempt from levy so I can pay my bills like utilities, food, etc?
Thanks

 

[Veronica1228]

New Jersey
I have a couple of judgments against me that due to job loss I cant pay. I recently got another job but at a much less salary that barely pays the bills. A collection agency recently levied against my car but the judge denied it because it was basically worthless. Since 22% of my gross pay is garnished for child support they also can't garnish my pay. Now they sent me an informational subpoena asking for my checking account number.
That is the only bank account I have and I only have enough money in it to pay my monthly bills.
Do I have to supply them with this information?
Will I be allowed to have money in this account that is exempt from levy so I can pay my bills like utilities, food, etc?
Thanks

Yes, you must supply the information requested on the subpoena or you will be in big trouble. And no, they will not give you an allowance. They will levy the entire account.

 

[mhenley]

As a practical matter how will I be able to write checks to pay these bills

 

[Veronica1228]

As a practical matter how will I be able to write checks to pay these bills

You won't be able to. I strongly suggest that if you have your payroll directly deposited that you cancel it now and start going to check cashing places to cash a paper check and get Money Orders to pay your bills.

 

[mhenley]

I'm confused. I thought I could keep $1000.00 on hand to be able to pay normal bills

 

[Veronica1228]

I'm confused. I thought I could keep $1000.00 on hand to be able to pay normal bills

Who told you this? Was it stated this way in the judgment?

 

[mhenley]

This is the latest I can find on New Jersey Law. I am assuming that a checking account is defined as property in this law;

C-6. Exemptions
a. The following property of a judgment debtor, who is either a natural person domiciled in the State of New Jersey or the estate of a decedent who was domiciled in the State of New Jersey at the time of death, shall be exempt from a collection order pursuant to this chapter:
(1) property that federal or other state statute forbids taking to satisfy a state judgment;
(2) wearing apparel of the judgment debtor other than furs and jewelry; and
(3) property whose value does not exceed either $2,000 or, the amount determined pursuant to subsection (b) of this section; and
b. The Governor, in consultation with the Department of the Treasury, not later than March 1 of each odd-numbered year, shall adjust the exemption amounts set forth in subsection (a) of this section, or subsequent to 2005 the exemption amount resulting from any adjustment under this subsection, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and Philadelphia areas as reported by the United States Department of Labor. The Governor, no later than June 1 of each odd numbered year, shall notify the Clerk of the Superior Court of the adjustment. The adjustment shall become effective on July 1 of each odd-numbered year.
c. The exemptions provided in this section shall not apply if the judgment being enforced:
(1) arises from the purchase of the same property against which collection is sought; or
(2) is for alimony or child support; or
(3) is for the collection of taxes.
Source: 2A:17-19

 

[Veronica1228]

This is the latest I can find on New Jersey Law. I am assuming that a checking account is defined as property in this law;

C-6. Exemptions
a. The following property of a judgment debtor, who is either a natural person domiciled in the State of New Jersey or the estate of a decedent who was domiciled in the State of New Jersey at the time of death, shall be exempt from a collection order pursuant to this chapter:
(1) property that federal or other state statute forbids taking to satisfy a state judgment;
(2) wearing apparel of the judgment debtor other than furs and jewelry; and
(3) property whose value does not exceed either $2,000 or, the amount determined pursuant to subsection (b) of this section; and
b. The Governor, in consultation with the Department of the Treasury, not later than March 1 of each odd-numbered year, shall adjust the exemption amounts set forth in subsection (a) of this section, or subsequent to 2005 the exemption amount resulting from any adjustment under this subsection, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and Philadelphia areas as reported by the United States Department of Labor. The Governor, no later than June 1 of each odd numbered year, shall notify the Clerk of the Superior Court of the adjustment. The adjustment shall become effective on July 1 of each odd-numbered year.
c. The exemptions provided in this section shall not apply if the judgment being enforced:
(1) arises from the purchase of the same property against which collection is sought; or
(2) is for alimony or child support; or
(3) is for the collection of taxes.
Source: 2A:17-19

What is your point? You don't meet any of this criteria. They can seize the entire account.