If your bank account has been frozen, it’s been what lawyers call levied. Meaning the court officer has sent the bank some paperwork saying don’t let any money out of this account until everybody gets a chance to go to court and see how it should be divvied up. It’s usually because of a judgment. There are two things that you need to know right away. One; is there any Social Security or other Public Benefit money in the account. If it’s only Social Security and Public Benefit money, it can’t be frozen. The bank is supposed to notify the court officer that it is Public Benefit money, it can’t be levied. End of story.

If there is other money in there co-mingled with that Social Security, or just no Social Security or Public Benefit money, that can be levied. That is a situation where you need to see an attorney right away because the next thing that’s going to happen is the creditor, whoever has that judgment, is going to ask the judge to give them that money. Once the money is gone, it’s gone. You will never get it back.

You need to see an attorney about how to either oppose the application to turn over or the judge is going to say, yeah, give the creditor the money because you may have some defenses, or you need to see an attorney about filing for bankruptcy so you can protect that money through an exemption and stop future levies on your bank account. What happens is if you have a $2000 debt and they take $200 from your account, well in two weeks when your next paycheck goes in they’re going to take another $200. They’ll keep doing it until the judgment is completely paid.

This is another situation where if you delay, you pay, and why pay if you don’t really have to. If your bank account has been detached, frozen, levied, you need to see an attorney right away because you may have defenses and you may have the ability to protect that money so that you can pay your bills.

If you are in need of experienced legal counsel in New Jersey, please contact Tomes Law Firm, PC and we will be happy to assist you.