What your employer is doing illegal. In New Jersey, you have the option of filing a Wage Claim against your employer for all the wages that were withheld from your pay, unless there was a written policy or agreement in writing to do so. Refer to N.J.S.A. 34:11-4.4. Withholding from wages.
Seek the counsel of an employment attorney, or go to the Department of Labor to file a Claim against your employer.
If it is a joint account, the Sheriff and bank will not levy the funds. If it is an account held only in your name, they will.
Your best bet, if you wish, is to either attempt to settle on the judgment with the creditor's attorney directly or hire an attorney to attempt to vacate the judgment and negotiate a settlement.
However, keep in mind that a wage garnishment is always available to the creditor's attorney as well.
You should have a letter written by your parents to the bank demanding a copy of the HELOC Note. The law has changed significantly with respect to the collection of debt since 1987, including the collection of HELOC debt.
If, despite having sent a letter by your parents to the bank by Certified Mail-RRR, doesn't fix the problem, you can speak to a consumer law attorney about asserting your rights under the FDCPA. In your parents' letter, make sure you demand that all communications be done...
I agree with my colleagues that statutorily, the judgment creditor is entitled to whatever your disposable income is. Now, you did (maybe do) have the option of filing an opposition to the Wage Garnishment (consult with an attorney or legal services) and explain to the judge an amount that would work for all parties.
The scenario for you is to contact the creditor's attorney and see if they'd be willing to enter into a settlement with more favorable terms to the both of you. Most attorneys...
I think at this juncture, your best bet is to start attempting to show that a) at some juncture, you had thirty thousand dollars; b) at some point, your family members had the same thirty thousand dollars and c) there was expectation that you were going to receive the money back.
Other than that, I agree with the other contributors that you have a very steep up-hill battle, plus you will need to get over the Statute of Frauds.
I agree with Stuart, but it is in your best interest to approach an attorney to do the Deed and the other recording documents. You will need to complete the accompanying affidavit of consideration and the seller's exemption, since you are gifting the property, and NJ does exempt taxes for transfer of property for nominal consideration.
You are much better off transferring the property for nominal consideration, while having the parties understand that the nature of this property is for a gift.
Just to echo the comments of my colleague, check the lease to see who is responsible. If the leak is due to the roof, this is customarily handled by the landlord. If the leak is originating from within the premises due to something in the store, the landlord may argue that it is your responsibility. That being said, black mold should be taken very seriously. If you continue to operate within the store, and your employees suffer, you may be held responsible. Call your landlord immediately to...
Wells Fargo conducts business in every state so if you need to serve them with an information subpoena, you can send it to any branch. As for your mortgage being paid off, call the bank and ask for a payoff letter (keep in mind that, banks have now started to charge for this service).
Unfortunately, the post judgment information subpoena does not ask the proper questions you seek to have answered in this situation.
I have handled similar requests before, but if there is an...
A Praecipe to Settle, Discontinue and End is asking the Court to discontinue the case and mark it settled. However, if you need a judgment removed or vacated, you will need a Praecipe to Satisfy.
You should consult with an attorney to see if they can have the bank sign off on a similar document to make sure your liabilities are terminated, if that is what you are pursuing.
My colleague has provided an excellent answer, but I just wanted to add two points. 1. If the lease was entered into after the recording of the lis pendens, there could be issues with respect to the validity of the lease (though it does put in a month to month situation) and 2. I am not sure what expedited foreclosure proceeding they are referring to, but in NJ, all foreclosures go through the Office of Foreclosure, as NJ is a Judicial foreclosure state. If you are having doubts, please consult...