How do I go about blocking or removing a bank levy?

UPDATED: Sep 16, 2011

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How do I go about blocking or removing a bank levy?

I understand that there are ways around it but I really want to fight the debt collector. In short, I made payment arrangements with them where I was paying monthly. The last 2 months my payments were made late. The debt collector went to court and filed a bank levy and it got approved. I want to go back to court to fight it.

Asked on September 16, 2011 under Bankruptcy Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there has been a levy upon your bank accounts by the judgment creditor concerning a judgment against you, you can serve and file a claim of exemption contesting the levy stating the basis for the claim.

You can get copies of the forms most likely by doing an online search for such under the state of New Jersey under forms, "claim of exemption." You can then print out a template and fill in where needed.

You need to realize that there is a short window of time to serve and file such a claim of exemption to block any levy of your bank accounts where if the claim is not filed in a stated time period the sheriff's office that has the money would then release it to the judgment creditor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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