Legal Question in Civil Litigation in New Jersey

Back in 2006 my husband at the time and I had leased a vehicle in both names. we became divorced april 2009. there was money due on the vehicle at the time the lease was up that i could not afford to pay due to the loss of my job. In January of 2012 a levy was placed for the amount owed on the vehicle and they took monies from my bank account for the amount that was in the account at that time. they also took money from joint account with my mother that she solely used in order to cash and deposit a small amount of money from her social security checks. I have so far paid back half of the amount, i feel that the other half should be taken from my xhusband. do i have the legal right to send them a cease & desist letter to stop taking money from my account and to remove any future levy's regarding the issue?


Asked on 4/11/12, 9:15 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I can answer these questions after I look at the divorce judgment and the divorce agreement (if you had one). What he should pay will depend on those documents.

And NO they should not have taken your Mom's money.

I can explain things in detail. Why don't you come see me. I will meet with you and go over your situation. I will explain what legal issues I see, and what I can do to assist you. I will also give you my best estimate of the cost for attorney's fees.

This will be a free consultation. After we talk, you can decide what you would like to do.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. .

Read more
Answered on 4/11/12, 9:39 am
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

If you signed for the car lease, it is your debt as well as your ex-spouse's. Both of you would be liable for the entire amount. The creditor is not obligated by any divorce agreement. That is strictly between you and your ex-husband. They can try to collect against either of you for the entire debt, unless there was anything in your Lease to the contrary.

The fact that there has been levy activity means that they obtained a judgment against you (after you did not respond to the lawsuit or you defended and lost). So now they have a judgment against you, whether right or wrong. If you were never served with the lawsuit, you should take immediate action to attempt to vacate the judgment. As for the collection activity, you or your mother should have opposed the levy on your mothers account, and shown the court that (1) the funds were your mother's and not yours; or (2) they were from social security. Social security can not be taken from a levy, but they will not automatically know. You need to object to the levy. If they have not obtained a turnover order yet, you and your mother should take immediate steps to assert your right to have the levy released. You also have the right to shield $1,000 from the levy, no matter what the source. Next time this happens, be sure to take appropriate action. The Notice of Levy that you received in the mail after the levy contained an explanation of your rights. Please read it carefully. Your bank accounts continue to be exposed to more levies. I suggest that you consult with an attorney near where you live with regard to this matter.

Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.

Read more
Answered on 4/11/12, 12:35 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New Jersey