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I recently had a bank levy and I was told there is a One time…

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I recently had a bank...
I recently had a bank levy and I was told there is a One time only 1000 exemption form and I would get 1000 of my money back...cant find any information about it for essex county?
Submitted: 5 years ago.Category: Business Law
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5/2/2012
Business Lawyer: kattorney, Attorney replied 5 years ago
kattorney
kattorney, Attorney
Category: Business Law
Satisfied Customers: 1,169
Experience: 16 years experience with a concentration in business, corporate and contracts law
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Kathie Russell :

Essex County in which state?

JACUSTOMER-g96opfse- :

New Jersey

Kathie Russell :

I will check on that for you.

JACUSTOMER-g96opfse- :

How long do you estimate this process will take?

JACUSTOMER-g96opfse- :

Ms. Russel are you still working on the answer?

Kathie Russell :

Yes, I am still researching trying to find the forms for you. There is indeed a $1,000 exemption in NJ, no questions asked. This is for all of New Jersey.

Kathie Russell :

However, to claim the exemption you have to file certain forms (a motion to vacate and an exemption claim) from what I have found so far. I am trying to find those forms for you.

JACUSTOMER-g96opfse- :

can this 1000 exemption be used for garnishments also ? or only one per person on which ever one they decide to apply it against?

Kathie Russell :

It seems to be only one per person. I am having trouble finding the form for you.

JACUSTOMER-g96opfse- :

so are you still trying or ? what's the next step?

Kathie Russell :

I am still searching. Your next step is to file the Claim of Exemption. That must be filed while the funds are still frozen but before they take the funds. That will release $1,000 from being taken. If the funds have already been taken, it is too late. Are the funds just frozen?

JACUSTOMER-g96opfse- :

I dont feel the answer is completed?I need the forms and instructions on how to complete and file them?

JACUSTOMER-g96opfse- :

yes still frozen...do I have to file a motion to vacate first?

Kathie Russell :

No, only if you believe the order should be overturned. If you want the funds back you just file for the exemption. There is no form for the exemption for the wage garnishment. For that, you simply notify the Clerk of the Court and the attorneys for judgment- creditor, whose address appears above, in writing, within ten days after service of this notice upon you, why such an Order should not be issued, and thereafter the application for the Order will be set down for a hearing of which you will receive notice of the date, time and place.

Kathie Russell :

Perhaps it is the same for the bank account garnishment, because I have searched the entire NJ state forms and cannot find any form. I am checking to see if it is the same procedure as for the wage.

Kathie Russell :

This link is for all of the forms offered by the NJ courts. There is no form for filing the exemption. http://www.judiciary.state.nj.us/probono/index.htm

JACUSTOMER-g96opfse- :

for the bank levy have you located the form? and where does it get filed? on line other county's give forms? so how will it be applied here in Essex County? in order to receive my money back?

Kathie Russell :

Did they mail you any forms with your notice of bank levy?

Kathie Russell :

It gets filed in the county where the lawsuit was filed (I assume Essex County)

JACUSTOMER-g96opfse- :

No they didnt send any forms?

Kathie Russell :

OK. Still researching.

Kathie Russell :

There is no form. You have two options: First, after the levy is done, the creditor has to make a motion before the court to take the money out of the account. This is called a Motion for Turnover of Funds. Once you receive this, you have a limited amount of time to object and be heard on any defenses you may have. Second, you do not have to wait for that motion to be made, however. You can file your own motion objecting to the levy to get your money released.

Kathie Russell :

Have you received that motion for turnover of funds yet?

Kathie Russell :

This is a link to the motion to turn over funds that you will receive http://www.judiciary.state.nj.us/prose/10547_frzn_funds.pdf

Kathie Russell :

After you get it, follow the instructions to the defendant. You can appear in court to claim your exemption. Or, you can just write a motion to the judge telling him you want to claim your exemption and ask to have the levy lifted.

JACUSTOMER-g96opfse- :

Is that the form that they sent letting me know they took the money?...I sent a letter to the courts and was told by the lawyer that levy my account that I need to get the exemption form in and he wouldnt/couldnt fight that?

Kathie Russell :

You should receive two notices: one that the account was levied, and then another that they will take the funds.

Kathie Russell :

This is the second one, where they will take the funds.

JACUSTOMER-g96opfse- :

exemption for the 1000 and levy lifted is #2 things? right .... the judge has to give me the exemption right? but doesnt have to lift the levy? right?

Kathie Russell :

They have to send you, before this form, a certificate of levy and a notice to debtor.

JACUSTOMER-g96opfse- :

the the funds are still frozen just got one letter from lawyer... with an amount listed but nothing esle? received a form from bank on the action taken to freeze my account?

Kathie Russell :

Correct, he does not have to lift the levy as they can take all of your funds in the bank over the $1000

JACUSTOMER-g96opfse- :

but have to return the 1000 right?

Kathie Russell :

If they did not follow the proper procedure the do not have a valid levy. Read that form I sent you - they have to take all of those steps

Kathie Russell :

The money isn't actually taken yet, it is just frozen. They have to unfreeze $1000 of it.

Kathie Russell :

Just write up a form and call it Claim of Exemption, write the case number and the parties names, and write that you hereby claim your $1000 exemption from the funds that have been levied in your bank account number ______.

Kathie Russell :

By the way, you may also have other exemptions beyond the $1000 that you might want to check into.

JACUSTOMER-g96opfse- :

Ok...why does other county's have exemption forms? and not essex county??? confused...

Kathie Russell :

Searching for Essex County NJ forms takes me directly back to the NJ state courts website. Perhaps the county has a form, but if they do it is not online. You should call the Essex County clerk of court and ask if they have a form available for you to use.

Kathie Russell :

Civil Division (Customer Service)
HOR 201
(T) 973-693-5529

Kathie Russell :

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Business Lawyer: kattorney, Attorney replied 5 years ago
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