Phillipsburg, NJ asked in Family Law, Child Support and Civil Rights for New Jersey

Q: Judge gave me POA to levy all bank accounts & anything associated with social due to NPCS. Can I levy his commissary?

*Non Payment of Child Support (NPCS)

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: When a judge grants you the power to levy bank accounts and anything associated with social security due to non-payment of child support, it generally means you can take legal action to collect the owed money. This can include garnishing wages or freezing bank accounts. However, levying an inmate's commissary account might be more complex.

Commissary accounts are usually controlled by the correctional facility and are meant for the inmate's basic needs while incarcerated. While some jurisdictions may allow levies on these accounts, it often requires additional legal steps or specific court orders. You should check with the court that granted the POA or consult the facility's policies to understand your options.

It’s important to ensure you follow all legal procedures accurately to avoid any issues. Clarifying the scope of your authority with the court can provide more precise guidance.

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