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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33911
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have just received a summary judgement against me for

Customer Question

I have just received a summary judgement against me for $3,700. I asked the court initially for at trail date and wrote to the judge the amount is too high after I received a discovery from the debt attorney. I only owe $2,000.
I was given a trial date and next thing I know the debt collections attorney changed dates and motions so many times it got too confusing. The trial was set for this April 2016, but in the mail I just received I have no trial date now -and a summary judgement is now filed against me, case closed.
My questions are:
If I move my bank account out of Wells Fargo, and place it on an online bank that is out of state (of New Jersey) can the judgement still seize an out of state bank account - online - if they find it?
I also have a credit card with Wells Fargo, can they seize that also?
Two, what type of assets do I need to be concerned with; i.e. my vehicle? a lien on my house? What else?
Three, is there a step I should take next to offer to make payment to this debt since I cannot afford to pay it off entirely?
Any other thoughts and advice I would greatly appreciate.
Thank you.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

If I move my bank account out of Wells Fargo, and place it on an online bank that is out of state (of New Jersey) can the judgement still seize an out of state bank account - online - if they find it?

Yes. They may have to go through an extra procedure to do it but it can still be subject to the enforcement of a judgment.

I also have a credit card with Wells Fargo, can they seize that also?

I don't see how. A credit card doesn't have any value in and of itself and they can't force you to use it and incur debt to pay them.

what type of assets do I need to be concerned with; i.e. my vehicle? a lien on my house? What else?

Any assets you have are subject to a seizure in the right circumstances. The only exceptions to this are Social Security benefits, public assistance benefits, public pension benefits, annuity benefits up to $500 per month, and some life insurance benefits.

is there a step I should take next to offer to make payment to this debt since I cannot afford to pay it off entirely?

The best thing to do is to go to a lawyer that does bankruptcy and let them write a letter offering a settlement amount and hinting that you may file bankruptcy if they don't accept. Even if you don't actually intend to file bankruptcy the fact that the letter is coming from a bankruptcy attorney and so they will know you have looked into it will often cause a settlement.