Bank Garnishment when changing states?

[jlabruno2777]

Jurisdiction

Pennsylvania

(NJ/PA)

Hello All

I got a judgement against me in the state of PA and the creditor bank garnished what I had in my wells fargo account. Since then I was laid off so no money was going into the account and since the account is no negative it is closed. I just found a new job in NJ and I am about to move and the job only does direct deposit. So I need to find a new bank to use. For them to get access to my new bank account funds do they need to go through a court in NJ? I mean Wells fargo is everywhere so would it matter where I live? I wont be using wells fargo anymore. Also how easy would it be for them to find this new bank account? Is there anyway I can set up to get my direct deposit so I can actually save enough money to pay my rent and file for bankruptcy where they cant bank garnish it? I cant pay bills is my bank account is locked for over $4,000

Any advice you can give me on what the creditor might have to do and what I can do to protect myself.

Thanks in advance

 

[adjusterjack]

I just found a new job in NJ and I am about to move and the job only does direct deposit.

Only? No. It's illegal for your employer to demand only direct deposit. He may offer it and only provide it with your consent.

See NJ statute 34:11-4.2 and 34:11-4.2A

2016 New Jersey Revised Statutes :: Title 34 - LABOR AND WORKMEN'S COMPENSATION :: Section 34:11-4.2 - Time and mode of payment; paydays.

2016 New Jersey Revised Statutes :: Title 34 - LABOR AND WORKMEN'S COMPENSATION :: Section 34:11-4.2a - Payment by deposit in financial institution; consent by employee; cancellation; notice

There are penalties for the employer not complying with the law:

2016 New Jersey Revised Statutes :: Title 34 - LABOR AND WORKMEN'S COMPENSATION :: Section 34:11-4.10 - Penalty

So I need to find a new bank to use

That would be wise.

For them to get access to my new bank account funds do they need to go through a court in NJ?

Yes. They will need to "domesticate" the "foreign judgment" in a NJ court and have the NJ court issue a garnishment order.

how easy would it be for them to find this new bank account?

Not very. But, worst case scenario, they can summon you to court for a debtor examination where you would have to reveal everything about your employment and finances under oath.

Is there anyway I can set up to get my direct deposit so I can actually save enough money to pay my rent and file for bankruptcy where they cant bank garnish it?

You can hide yourself and your employment from the creditor as long as you can while you are saving up but once they find you your finances are fair.

One more thing. In PA your wages could not be garnished, in NJ they can, which is were your creditor is likely to hit first because employment is easier to find than bank accounts.

 

[zddoodah]

For them to get access to my new bank account funds do they need to go through a court in NJ?

Yes. The Pennsylvania judgment will have to be domesticated in New Jersey and then a new garnishment served.

I mean Wells fargo is everywhere so would it matter where I live?

Kind of a pointless question given your statement that you "wont [sic] be using [W]ells [F]argo anymore," right?

Also how easy would it be for them to find this new bank account?

I'm not sure what a meaningful answer to this question might be. How high is up?

Is there anyway I can set up to get my direct deposit so I can actually save enough money to pay my rent and file for bankruptcy where they cant bank garnish it?

We have no way of knowing how quickly your creditor will track you down and domesticate the judgment and restart the garnishment process. Obviously, you can contact the creditor's attorney and try to negotiate something.

 

[jlabruno2777]

Hey All, So question. How does one actually hide their employment and bank account? He found my first one pretty easy. Second when you guys say he needs to get my judgement domecsticated is that something I can go fight in court or another one of those things I just get notified after its too late like I did by Wells Fargo

 

[army judge]

Hey All, So question. How does one actually hide their employment and bank account? He found my first one pretty easy. Second when you guys say he needs to get my judgement domecsticated is that something I can go fight in court or another one of those things I just get notified after its too late like I did by Wells Fargo

How much is the judgment which is causing you grief?

If its LARGE, talk to a bankruptcy lawyer.

A chapter 7 BK will get rid of the entire debt and almost everyone of your debts.

Don't reveal ALL of your business here, go see a licensed lawyer today, get relief tomorrow.

Yeah, a BK is that powerful, it's magical.

 

[jlabruno2777]

I do plan to go after a chapter 7 bankruptcy just getting together the funds.

 

[zddoodah]

How does one actually hide their employment and bank account?

First of all, I doubt anyone here is interested in advising you how to hide from your creditors. Second, bank accounts are not matters of public record.

when you guys say he needs to get my judgement domecsticated is that something I can go fight in court or another one of those things I just get notified after its too late

You should be notified that the creditor is seeking to domesticate the judgment, and you should have a time period (typically 30 days) to file an objection. Do you have any valid grounds to object? I doubt it.

 

[army judge]

I do plan to go after a chapter 7 bankruptcy just getting together the funds.

You can do it "pro se" (do it yoruself), there are several guides for sale that offer you instruction, as do the various BK Court sites.

You can save yourself $5,000 (maybe more) if you can do it yourself.

As best I can recall the filing fee is about $355, but the court will allow you to pay that fee in three installments.

This website offers the two required classes for about $10.00 each, cheapest I've found and recommended to my clients.
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