This is the second time this had happened. One judge put my money back in my account-- then it happens again and Im waiting for my money--- Leaving me with a child and $0.00 in my account
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This is the second time this had happened. One judge put my money back in my account-- then it happens again and Im waiting for my money--- Leaving me with a child and $0.00 in my account
We need to know the circumstances. Your account can't be levied without a court order. So how was this done wrongfully?
Yes, please explain what type of court order, did you go back to court and get the order over turned,
Why was the money given back the first time, and how long ago was it
Do you remember talking with me back in August? I was dismissed with prejudice from a case and then my account was levied. After a few court dates, and finally getting in touch with the constable, the judge returned my $.Thurs my $ was levied again
Im not sure you you remember me. I'll repost my old stuff from August. This is crazy.
I've merged your threads. You should have just added to the original thread.
What you need to find out is whether this new levy is based on the same case. If it is I would show the bank the previous court order. If it is I would tell them to lift the freeze immediately or you will include them in your suit against the plaintiff. Then I would sue her.
The plaintiff did it the right way this time. The writ clearly states his name with ONLY in big bold letters after it
Don't use the comments to add follow-up. Use the Answer options.
So the bank levied your account that doesn't have his name on it? Did you point that out to the bank? Did the write include an account number?
The $ is supposed to be in my account tom. Someone is not doing their job. They're typing in the docket # and that's it... This is the 2nd time and they leave me flat broke for days and/or weeks. I can't keep missing work. I've lost $ because of this
Oh OK sorry :o)... The first writ, the plaintiff put my name and account # on it which she wasn't supposed to because I was already dismissed ( unless she thought he was on the account) which is understandable. The new writ, she had actually done correctly. I did point it out to the bank but they could give me no answers. I don't know who to scream at more, the courts or the bank?
I think you may have grounds for a suit this time
Do you really think? I
've missed so much work going back and forth to court the first time-- you remember my stress level was through the roof. This time, I walked out of work and went right to the court house and demanded an answer. The judge that originally handled my case was on vacation. The one they gave me thurs for an emeg hearing was a complete jerk to me. After that, the girls in the office said this shouldn't have happened AGAIN.. That night I felt lie I was having a heart attack or a nervous break down. This isn't fair to me. So fri morning I went back to the court to try and get more answers. They were all helpful and said the $ should be in there today( fri) or mon. Ya think they would have made sure it was in right away, but NO.. I have to wait for their mistake. If it's not there tom, what should I do? If it is there tomorrow, should I still raise hell?
If the bank levied your account when the writ did not mention it, then it's the bank's fault.
OK. So the courts have to show the bank the NEW writ that the plaintiff filled out. The new judge said that I failed to file a motion to have my name removed from the judgement so it's my fault that they went in again. The office downstairs said that filing a motion would only dismiss me as well and that my name will always be linked to that case even though I am not liable. They said that somebody is not reading the writ, that they see my name on top and that's what they're going by. They said filing a motion is not going to do anything, that the writ clearly states him as the debtor not me
It's unclear what's going on here. We have 5 pages in this thread and only on the last two pages are posts dated today or any time since August 27th. If the judgment creditor obtained a writ of execution against you although there was an order in the case file dismissing you from the case (looks like a case of terminal stupidity on the part of the clerk of court), you may be entitled to an award of damages against the judgment creditor.Quote:
Originally Posted by sarasmom61809
Ok, maybe the plaintiff tried to avoid the mistake and the clerk screwed up anyway. I would vigorously complain to the clerk's boss.Quote:
Originally Posted by sarasmom61809
I merged the two threads because the original thread gives the background needed. If you had read through it, it becomes clear. A judgment was awarded the plaintiff against the OP's husband ONLY. However, the plaintiff fudged the original writ so the OP's account, which the husband is not listed on, was levied. The OP went back to the court and the writ was vacated. The plaintiff resubmitted the writ correctly, but the bank applied it AGAIN against her account.Quote:
Originally Posted by AK lawyer
Therefore this time it was the bank's mistake, and, given the fact that a write was previously removed and the fact that the write did not apply to her account, she may have a cause of action against the bank.
I spoke with the bank manager last night because I personally know her. When this happened, she asked the woman who took care of uit. She stated that once again, both of our names were on the judgement paper. The clerks office said that my name will never be removed from that docket # even though I am dismissed. Also stated that filing a motion to dismiss my name from the judgement would do nothing but dismiss me and that my name would still remain. I have all this paperwork stating that I am dismissed and am not liable but they take all of my $ anyway. As I stated to you ScottGem who's helped me so much, I'm on the verge of a nervous breakdown. I've proved myself to the first judge which wasn't easy and now a new judge doesn't let me get two words in. He was so mean to me. This is making me more upset as the time passes. I can't wait to check my account later to see if the $ is put back in. If it is, should I still raise hell? If it isn't, what should be the next step that I take? Thurs the $ was levied- so I'm on day 5. I just don't want to waste any time. Once again, all of your help is greatly appreciated.
Definitely looks like what happened to me. I have all these people on my side at the court house but no true answer as to why this happened. They are pointing the finger at the constibale
Constable ;o)
I was on the phone with the bank and court all day today while I was at work. The money has not been put in as of now. They have all of the paperwork but no relief on my end. I'm so lost
Constables in New Jersey?Quote:
Originally Posted by sarasmom61809
Yes, I am in NJ. I've tried to track down this man down-- impossible.. But the girls in office just keep calling his cell phone and faxing him. So, I'm on my way to work-Hopefully I can make time to call the courts again. If not, I'm off work tomorrow and Im going to have to go to the court house again. I should just pull up a cot for the rest of the week right outside of the chambers. Hopefully my money gets released today. I gave them the benefit of the doubt yesterday... But today, if it's not in, no more nice girl... Im so fed up with this matter
Day 7. Money is still not in account. I've stayed on top of the court officer and the clerks office. The court officer actually sent the bank all of the papers too put the money in my account. I even have a copy. I called the legal dept of the bank and they stated they did not receive anything and to have him send again. I had the courts fax it to the bank to someone I know and actually had her send it to the levy/lien dept herself so I know that they got it. The courts resent as well. That was yesterday at 12:00 pm. I just don't understand what is taking so long. When this happened last time, the # was release in about 3 hours right back into my account. Im off today, so Im sitting here waiting for the banks to open so I can be another annoying customer. But I feel that I have the right to be. Will keep this page updated
The $ was released- Not the # :o)
UPDATE on wed Oct 27--- The $ was released back to me by 9 A.M. However, I did take all my paperwork to the (new) judge to prove myself yet again. He wasn't very nice to me at first. As a matter of fact, he was an as@hole before he even stepped out of his chambers. He poked his head out and asked me what I was doing there when my return date was the next day-- I told him That I just wanted to dismiss tomorrows court date because I had everything taken care of-- he just shook his head, rolled his eyes and went back into his chambers-- After he came out, I showed him everything- from soup to nuts--- he went back into his chambers and called the constable/court officer guy-- He came out a new person.. He was nothing but kind to me-- my guess is that the constable had told him he had screwed up a second time... The judge had told me to file a motion to have my name removed from the judgement. He told me to do that last time but the clerks office said that my name would never come off the paper or out of the computer-- that I am forever linked to that case even though I was dismissed with prejudice-- They said that it's pointless to do that because the only thing that they would do is dismiss me -in which I already am... I said that I'm just going to do it because the judge told me so... I don't want to have to go back to that judge and have him say, I told you twice to file a motion and you failed to do that-- So now, I'm in the process of doing that- almost done--- I just hope that this doesn't happen again... Thank you for all of your help (scottgem)
Glad to hear it. But I still don't understand why the bank placed the freeze in the first place. Did you get an explanation of that? I would request that your account be flagged so that a freeze can't be placed again on behalf of this case. If the bank won't guarantee that, then take your business elsewhere. There are plenty of banks out there.
And yes, if a judge instructs you to do something then do it. If the clerks tell you its unnecessary or can't be done, refer them back to the judge.
I suspect the judge's change of heart had to do with his really understanding the case. Judges HATE to be reversed. So any action that even hints they did something improper is going to be met extreme skepticism. But when they realize that the court (even if it wasn't them specifically) erred, they will bend over backwards to correct it.
Hey scott- thanks again for the reply. The reason the bank did go through with it was that my name is still attached to the DC# on the judgement--- However, on the same paper, it states him as the debtor ONLY-- and continues to state his property/assets ONLY--- The bank said because my name is on the form, it comes up on the levy because it's all attached--- I think that I'm going to send the legal department a copy of everything so at least maybe I can be contacted if this is about to happen again. The plaintiff was even made aware that I was in court and was given the right to be there but the girls in the office said she didn't want to be there and that she seemed disinterested of anything that was happening. Now when I file this motion to have my name taken off, she has the right to fight it-- I don't know if she will because I am already dismissed.. It's just such a headache.
As for the courts/ judges ever admitting that they're wrong, their ego would be too hurt. The entire clerks office is pointing the fingers at the constable and his office
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