New Jersey Bank Levy After a Judgment: How to Freeze and Collect Debtor Funds
A Bank Levy Is a Two-Step Process
Levying a judgment debtor's bank account in New Jersey is one of the most effective enforcement tools — but it isn't a single action. It's two distinct steps: first the freeze, then the turnover. Most creditors understand the freeze part. The turnover motion is where many get stuck.
Step 1: Request the Writ of Execution
File a Request for a Writ of Execution (Form CN 11711) with your county's Special Civil Part Office. You'll need:
- The bank's legal name (not a nickname — "JP Morgan Chase Bank, N.A." not "Chase")
- A New Jersey branch address
- The last four digits of the debtor's account number
The filing fee is $35. If you don't have the bank details yet, start with an Information Subpoena to compel the debtor to disclose their financial accounts.
Once filed, the court assigns the writ to a Special Civil Part Court Officer, who serves it on the bank.
Step 2: The Freeze
When the bank receives the writ, it immediately freezes available nonexempt funds in the debtor's account up to the writ amount. The debtor can't withdraw, transfer, or spend the frozen money.
The court officer then serves a Certification of Levy and Notice to Debtor on the judgment debtor, informing them that their funds have been frozen.
At this point, the money is frozen but still sitting in the debtor's account. It doesn't transfer to you automatically.
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Step 3: Motion to Turn Over Funds
To get the frozen money, you must file a Motion to Turn Over Funds using Packet CN 10547. Serve the motion on three parties:
- The bank
- The judgment debtor
- The court officer
Serve the motion via certified and regular mail on the bank, debtor, and court officer.
Step 4: The Objection Window
The debtor and the bank each have 10 calendar days from the date of service to file written objections. Common objections include:
- The account contains exempt funds (Social Security, SSI, veterans' benefits, unemployment, public assistance)
- The debtor disputes the judgment balance
- The account belongs to a third party, not the debtor
For an exemption objection, the court must schedule a hearing within 7 calendar days of receiving it.
Step 5: Court Order and Disbursement
If no objections are filed within the 10-calendar-day window, the judge signs an Order for Turn Over of Funds. You send the signed order to the bank and the court officer. The bank releases the frozen funds to the court officer, who deposits them into an official business trust account.
The court officer distributes payment — less the 10% statutory commission and any service fees — to you by the 15th of the following month.
Protected Funds You Cannot Touch
Federal law (31 C.F.R. Part 212) requires banks to automatically review the account for directly deposited federal benefits going back two months. These funds are protected from levy when covered by that review:
- Social Security and SSI
- Veterans Affairs benefits
- Railroad Retirement benefits
New Jersey law adds additional protections for:
- TANF and General Assistance
- Unemployment compensation
- Child support payments
If the account holds only directly deposited federal benefits covered by the two-month review, those funds are protected automatically. Other exempt funds may be frozen until the debtor objects. Before requesting a bank levy, assess whether the account is likely to contain nonexempt funds. Levying an account full of Social Security deposits wastes your $35 writ fee and the officer's service charges.
Total Costs
For a bank levy from start to finish:
| Fee | Amount |
|---|---|
| Writ of Execution filing | $35 |
| Court officer service fee | $7 |
| Officer mileage | Varies |
| Officer commission | 10% of money collected |
The statutory fees are charged to the debtor's balance, but the court officer distributes collected funds after deducting statutory officer fees. You may also need to advance writ, service, and mileage costs before collection.
For the complete bank levy procedure with form-by-form instructions, see our New Jersey judgment collection guide.
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