Other Debt NJ superior court put a hold on my total bank account funds

[Rini0117]

Yesterday NJ superior court froze my checking account and kept a hold on the total balance of approximately $10,000. I am primary owner of the checking account and recently added my parents as co-joint account holder to help them. My parents are retired and live outside of United States. My dad owed some money to BJs and other credit card companies years back in 1995. I was unaware of that information so over the years those companies had filed judgement against him but he never followed up on it. At present even I am out of United States and had that $10000 for my personal use and to pay of my debts. I personally have an excellent credit report. I never defaulted on any of my payments. But now, I am stuck I don't know what to do. I don't owe any money to anyone or never missed any payments. Is there any way I can get that money back. Please please guide me and advice me.

Thanks
RD

 

[army judge]

Your only option is to sue your dad.
Yeah, no one does that except banks and credit card companies.
By adding dad to your account it gave the appearance of commingled funds, legally making you, mom, and dad owners of the funds.

As you're all foreign nationals, an appeal could be made to your country's diplomatic service.
They, in turn, could make diplomatic entreaties to the US State Department to seek relief from NJ and its court system.
That's often a long shot reserved for billionaires.
Sorry, I think they got you, buddy.

 

[Betty3]

I don't think there is much, if anything, you can do either. You added your parents to the acct. as jt. acct. holders so that made the money (more or less) also their money. Sorry.

 

[Rini0117]

Thanks army judge for your quick reply. As we all are US citizen. I live in US but currently traveling which I can return back asap. The funds were legally mine which I can prove because the check was drawn in my name. Would that help if I provide the proof needed. I was researching on this issue and on NJ court website read something about " Motion to turnover the fund". Some document to be submitted within 10 days to object. Will that help?

Or is there any other way if I prove that the fund was mine to get the money back????

 

[Rini0117]

Thanks Betty 3 for reply. I really appreciate it. As we all are US citizen. I live in US but currently traveling which I can return back asap if needed.. The funds were legally mine which I can prove because the check was drawn in my name. Would that help if I provide the proof to the court.
I mean if it was entirely dad's money then they have all the right to take it.
I was researching on this issue and on NJ court website read something about " Motion to turnover the fund". Some document to be submitted within 10 days to object. Will that help?

 

[army judge]

Thanks army judge for your quick reply. As we all are US citizen. I live in US but currently traveling which I can return back asap. The funds were legally mine which I can prove because the check was drawn in my name. Would that help if I provide the proof needed. I was researching on this issue and on NJ court website read something about " Motion to turnover the fund". Some document to be submitted within 10 days to object. Will that help?

Or is there any other way if I prove that the fund was mine to get the money back????

Before you make the trip, call three or four NJ attorneys.
See what they advise.
I'm not familiar enough with the motion you cited to comment, except to say, do more research.
Take into account what a lawyer will charge, or what an unplanned trip might cost, even if you're successful.
You also need to know how soon the case would be heard, a NJ lawyer can better advise you.
It might be possible to reduce expenses by having the lawyer file for you, saving you a trip and additional costs.
The more you save, the more worthwhile the puddle of money seized becomes.
My goal would be to retain at least $5,000 (after expenses), otherwise it might not be worth the effort.

The good news, it took the credit monkey off of mom's and dad's back, thereby making their estate (upon their passing) worth more.

 

[Betty3]

Thanks Betty 3 for reply. I really appreciate it. As we all are US citizen. I live in US but currently traveling which I can return back asap if needed.. The funds were legally mine which I can prove because the check was drawn in my name. Would that help if I provide the proof to the court.
I mean if it was entirely dad's money then they have all the right to take it.
I was researching on this issue and on NJ court website read something about " Motion to turnover the fund". Some document to be submitted within 10 days to object. Will that help?

I just got back to the forum & saw your post. army judge gave you good advice. Betty3

 

[disagreeable]

According to NJ law the funds belong to whomever put them there unless they were intended as a gift. You said you added them to help them, which tends to indicate an intent of gift, even though you did not quantify by contract the amount of the gift. You may be able to redeem the funds or a portion say 1/3rd, however you will need to personally appear in court along with your lawyer to explain for the record, as in testify. As noted it will likely cost about $5k to try and get back $10k. I would say your odds are about 50/50 except the $10000 loss will then be $15000.