How to Get Bank Levy in New Jersey

**userunknown** · 03-29-2011, 06:24 AM

I got a judgement and I know where there person banks. How do I go about getting the bank account levy?

**SChinFChin** · 03-29-2011, 02:23 PM

Quoting userunknown

I got a judgement and I know where there person banks. How do I go about getting the bank account levy?

If this is a small claims case, go down to the court where you got the judgement, and ask how you go about doing a "debtor examination". The debtor would be compelled to disclose where he banks, where he works etc.

Based on the answers to the "debtor examination", your next step would be to decide if you want to garnish his bank accounts, or garnish his wages. Keep in mind that "writs or garnishments" are served by marhshalls or local sheriffs, and they charge collection fees on the amounts collected.

**userunknown** · 03-30-2011, 06:17 AM

Quoting SChinFChin

If this is a small claims case, go down to the court where you got the judgement, and ask how you go about doing a "debtor examination". The debtor would be compelled to disclose where he banks, where he works etc.

Based on the answers to the "debtor examination", your next step would be to decide if you want to garnish his bank accounts, or garnish his wages. Keep in mind that "writs or garnishments" are served by marhshalls or local sheriffs, and they charge collection fees on the amounts collected.

Thanks. It is small claims. Well at this point he doesn't have a job. I know where he backs and I know that he has a trust fund. Any suggestions?

**SChinFChin** · 03-30-2011, 07:02 AM

Quoting userunknown

Thanks. It is small claims. Well at this point he doesn't have a job. I know where he backs and I know that he has a trust fund. Any suggestions?

If you know the physical location of the bank, then you can have an "information subpeona" issued to the bank, and have the bank confirm if he has an account with them, and the account number. It might be helpful to call the bank, see who the manager is, and make sure you are sending it to to correct party. However, if the bank needs a SS#, you might have to get it from the debtor as part of the "debt exam".

After you confirmed the the bank account, then you can have a "writ" issued and served by a marshall or sheriff the seize the funds. I'm more fimiliar with "writs of garnishment" served by creditors on employees and make deductions on paychecks, but I understand bank accounts works the same way. Now, when I answer information subpeonas on employees, they generally ask if we have such an employee working here, the weekly salary, and generally we do not check for the SS#, but we would ask the employee if he owes money, and if the answer is yes, then we know they got the right party.

I don't know about trust funds, and you may not be able to garnish them. However, judgements are generally good for ten years, and you can wait for the debtor to get a job, assuming you can wait that long.

I'm not able to confirm the laws in NJ, but here in NY, I can make life miserable for the debtor by seizing personal property such as TV sets, computers etc., assuming you want to make him miserable.