Legal Opinion
Banc of Am. Leasing & Capital, LLC v. Fletcher-Thompson Inc.
New Jersey Superior Court Appellate Division
Decided January 2, 2018No. DOCKET NO. A–0848–16T4PublishedCited by 3 opinions
1Opinion of the Court
KOBLITZ, J.A.D.
*1059*51Defendant Kurt Baur and his wife Kristi Baur1 appeal from a September 16, 2016 order denying Kurt and Kristi's motion to vacate a bank levy and from a September 26, 2016 order granting plaintiff Banc of America Leasing & Capital, LLC's (BOA) motion to turn over the funds in a joint account in the names of Kurt and Kristi. Kristi is neither a judgment debtor nor a party to the underlying debt.2 We reverse because the court did not require BOA to demonstrate that the funds levied belonged to Kurt alone.
BOA obtained a default judgment in the State of Michigan on July 15, 2015,…
2Cases cited2 opinions
- Esposito v. PalovickNew Jersey Superior Court Appellate Division · 1953
- Winchell v. ClaytonSupreme Court of New Jersey · 1945
3Cited by3 opinions
- ARGENBRIGHT HOLDINGS IV, LLC v. GATEWAY SECURITY, INC.District Court, D. New Jersey · 2022
- STATE OF NEW JERSEY, EX. REL. ALLSTATE INSURANCE COMPANY VS. HARSHAD PATEL (L-0954-16, MERCER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
- TD Bank, N.A. v. MillerDistrict Court, S.D. New York · 2023