Canthe samecreditor garnish both your wages and your bank account?

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Canthe samecreditor garnish both your wages and your bank account?

I am not sure but I think that the judgement that allows 10% of my pay for this debt is limited to that 10%, and it is currently taken from my pay each week. I have found out that the same debt collector has levied my account far in excess of the actual judgement. If they are awarded a judgement to pay off debt $988 until paid off through garnishment, do they have the right to levy on top of this amount awarded by the court?

Asked on August 15, 2011 New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the collection laws of all states for judgments, the same judgment creditor can garnish the judgment debtor's wages where a certain percentage is paid to the creditor by the debtor's employer each pay check until the judgment is satisfied in full and levy upon the judgment debtor's bank accounts until the judgment is satisfied in full.

If the judgment creditor has levied upon your bank account far in excess of what is owed on the actual judgment, you need to serve and file a claim of exemption regarding the bank levy right away. If timely served and filed, the court clerk will set a hearing date before a judge. The judge will then sort things out as to how much the judgment creditor has received to date, allow additional monies levied upon to satisfy the judgment in full and order the release of the balance held by the sheriff back to you.

Make sure you obtain a filed and recorded satisfaction in full of this judgment from the judgment creditor when the judgment is completely paid off.

Good luck.


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