jedasud Posted November 8, 2018 Report Share Posted November 8, 2018 Hi, Could anyone tell me what happens at a "turn over" hearing? Short story; default judgement on cc debit in 2010. Law firm has frozen my bank account as of 10/18. Went to court house to see if I could address the old 2010 judgement. Clerk asked if I want to object to levy. I said I wanted the forms to address original complaint, for now. I called the court to see the status. Clerk said "turn over hearing" is on Monday. I didn't want to sound like an idiot by saying "what's a turn over hearing". Could this be the legal process for the law firm to get the funds in my account because I didn't object? I will be going to the hearing on Monday but I just wanted an idea what to expect. Thanks Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted November 8, 2018 Report Share Posted November 8, 2018 36 minutes ago, jedasud said: Could anyone tell me what happens at a "turn over" hearing? It is exactly as you described. Basically he court confirms how much money they have seized for the creditor and absent any LEGAL restrictions on the funds they are released to the creditor. If the debtor presents a LEGAL reason the funds cannot be seized the court denies turning over the money and within 30 days it is returned to the account. Legal reasons for the money being exempt would be pension funds, SSI, or disability. 39 minutes ago, jedasud said: Went to court house to see if I could address the old 2010 judgement. Clerk asked if I want to object to levy. I said I wanted the forms to address original complaint, for now. It is WAY WAY too late to address the original complaint now. The time to do that was when you were sued. If you were properly served and simply didn't defend the case you have no recourse now. If you were not served and only found out about this now you need a good consumer attorney. There is a small chance it could be over turned but it would take competent legal representation and QUICKLY. Quote Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted November 8, 2018 Report Share Posted November 8, 2018 A turnover order, as called for in N.J.S.A. 2A:17 63, is granted if there has been a levy on a "debt due" a "judgment debtor" and the "garnishee" admits the "debt." Pulled that from a google search. Quote Link to comment Share on other sites More sharing options...
jedasud Posted November 8, 2018 Author Report Share Posted November 8, 2018 Thank you That's what I thought. I know it's way too late but I felt the need to settle the matter and move on with my life. Btw, I tried to get legal help(not a big fan of DIY action). Had a couple of lawyers say in not so many words, "the lawyer fee would be around the judgement amount...not worth it..try to handle it yourself". Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted November 8, 2018 Report Share Posted November 8, 2018 17 minutes ago, jedasud said: I felt the need to settle the matter and move on with my life. Unfortunately now that they have levied the account the chances for settling for less are zero. Should you find yourself in this situation again consider saving up outside of the bank and making a settlement offer for a percentage in a lump sum payment. Quote Link to comment Share on other sites More sharing options...
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