Leins on Bank Accounts

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Leins on Bank Accounts

My son has credit card debt and they have a lien on his bank account that wipes out any monies going into the account. They have taken his entire payroll check for the last two weeks leaving him nothing to live on. How long can they continue to do this? Is there anything he can do to stop this as he tried to set up a payment arrangement but they demanded an amount he couldn’t afford such as $4,000.00 and then another $4,000.00 in two weeks. he does not have this kind of money and usually lives paycheck to paycheck without much being saved. Is there anyting he can do?

Asked on May 14, 2009 under Bankruptcy Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1. The company has every right to garnish his wages -- the company has to protect its interest and recoup what it lost because your son failed to pay according to his contract.

2. Whatever he puts in, the company has authority to take it all per the lien judgment until the lien is fully paid off. So, your son better have a good accounting of what he owes and what the company is getting.  So, when your son puts money into his bank account, especially if it is direct deposit, the lien will operate to deduct that amount.

3. What can he do? He can certainly talk to legal aid and see if legal aid can help him negotiate an amount certain per month, including interest, until it is paid off.  If he has no funds left but let's say you are willing, perhaps hiring a private counsel to help him may help, as well.  Try www.attorneypages.com and have check the attorney's record at the New Jersey State bar.


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