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  1. #1
    Join Date
    Jul 2011

    Default Not Served, Account Levied

    My question involves collection proceedings in the State of: NJ
    In 2006 I had a procedure in NJ. The anesthesiologist billed me and I called them to remind them to bill the insurance company first, and they said they would. I moved to WI in 2008. Today I find Lawyer David Watner cleaned out my $437 savings account. I wasn't served, certainly, so I couldn't appear. I get that I need to file a Motion to Vacate Judgement, but do I do it from WI?

    Also, the savings account was connected to my checking account which is the recipient of my social security payments. The only money in the savings account was transferred directly from my social security fund account. Are they entitled to take social security funds that way?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Not Served, Account Levied

    You would file a motion for relief from the judgment in the court in which the judgment was issued.

    If you can demonstrate to the court that issued the order of garnishment that the only money in your account was from exempt sources, you may be able to convince the court to order the money returned; you would need to file a motion.

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