My question involves judgment recovery in the State of: NJ
In June I happened to recieve two complaints, one from JC Penney, one from Capital One. Because they came within like a day appart, I thought they were the same and just clipped them together. JC Penney sent their complaint two ways, one return receipt, the other not. The mailman never came to my door to sign the return receipt nor did he take the card off of the envelope (it's still on), he just left it in my mailbox. About 2 months later I got a notice from the County Courts regarding the Capital One complaint saying I had a court date in August. I called the company, we worked out a payment plan. Done deal. Or so I thought.
I checked my bank account today and there was nothing in the three accounts that my husband and I share (my checking, his checking and saving). So of course I called the bank thinking identity theft. I was told my accounts were levied by the JC Penney complaint. My questions are:
1) Doesn't there have to be a court hearing that I should have been notified of in order to get a judge to issue a levy? As I mentioned above, I got a court date on the other complaint but never on this one.
2) Of course there went my mortgage money - is there anyway to get that money back if I work out a payment plan with the company?
3) I am a stay at home mom with absolutely no income, my husband is the one who brings home a paycheck - is that really fair to him to drain all three accounts and can they do that?
Any help would be greatly appreciated because right now I'm in panic mode.
I forgot to ask this too - if I go take my name off of my husband's checking account, can they continue to take money from it? Since I don't have a job, I don't contribute any money to any of the accounts so it's not like I'm hiding money.