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Need Info Judgement in NJ

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    Need Info Judgement in NJ

    Wondering if anyone might know the answer to this question. I have one judgment against me called the lawyer and worked out a payment plan. My question is I just got another letter from the court threatening a judgment can they proceed since I have a judgment against me now?

    #2
    Originally posted by hcorreia1 View Post
    Wondering if anyone might know the answer to this question. I have one judgment against me called the lawyer and worked out a payment plan. My question is I just got another letter from the court threatening a judgment can they proceed since I have a judgment against me now?
    If you have worked out a deal with the attorney then that should take care of it. Is the letter for another judgement/different issue?

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      #3
      Originally posted by jlmaca View Post
      If you have worked out a deal with the attorney then that should take care of it. Is the letter for another judgement/different issue?
      So I got one judgment they tried to garnished my bank account and got nothing. So I called them and negotiated a payment plan until I can come up with money and try to negotiate a full amount. The other day a got another letter from the court from another attorney/collection agency. I guess my question is can the second attorney try and go after my bank account since I have one judgment but worked out a payment option?

      Thank you

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        #4
        Originally posted by hcorreia1 View Post
        So I got one judgment they tried to garnished my bank account and got nothing. So I called them and negotiated a payment plan until I can come up with money and try to negotiate a full amount. The other day a got another letter from the court from another attorney/collection agency. I guess my question is can the second attorney try and go after my bank account since I have one judgment but worked out a payment option?

        Thank you
        I'm assuming this second attorney's judgement is for a different debt. They can garnish wages only by approval of the court base on a formula mandated by state law. If you have a garnishment that is 100% of the allowable amount then no one else may garnish wages until the first garnishment drops away.

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          #5
          To answer your question, the probable answer is, "yes, the other creditor/CA can enforce their judgment." Just because you worked out a payment plan with one creditor/CA doesn't stop the others from making full use of the law.

          And, each state has different laws relating to how writs of garnishment are applied. Some are until 100% of the debt is satisfied. Some are only good for 90 to ?? days and can be renewed. Here in Oregon wage garnishment writs expire at the end of 90 days, at which time the creditor/CA can file a new writ. If you have a lot of judgments, then creditors/CA's have to wait in line and hope they get something before their 90 days expire and they have to refile a new writ.

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            #6
            Don't confuse a bank account levy with a wage garnishment.

            Any collector with a judgment against you can hit your bank account as often as they choose. It makes no difference what agreements you have with another creditor. If you have any judgments your bank account is always fair game unless the funds deposited are exempt according to state or federal laws.

            (And they may still try to levy exempt funds too, in which case you would need to file an exemption motion with the court.)
            “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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              #7
              The judgment doesn't impair the rights of any other judgment, it's first come first served if they find any assets. The only limit on judgments is the federal limit on wage garnishment which can only take a combined 25% of your take home pay but if they hit the bank they can still get the other 75% of your pay so if you have direct deposit be very careful.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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