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ALL AMERICAN AUTO SALVAGE v. CAMP'S AUTO WRECKERS

146 N.J. 15 (1996)

679 A.2d 627

ALL AMERICAN AUTO SALVAGE, PLAINTIFF-RESPONDENT, v. CAMP'S AUTO WRECKERS, DEFENDANT. CITIBANK, SOUTH DAKOTA, N.A., PLAINTIFF-RESPONDENT, v. LISA A. COFFEY, DEFENDANT.

The Supreme Court of New Jersey.

Decided August 1, 1996.

Attorney(s) appearing for the Case

Michael A. Lampert argued the cause for appellant, First Fidelity Bank, N.A. (Saul, Ewing, Remick & Saul, attorneys; Mr. Lampert and Carl E. Ailara, Jr., on the briefs).

Steven P. McCabe argued the cause for respondents (Pressler & Pressler, attorneys).

Michael F. Spicer argued the cause for amicus curiae, New Jersey Bankers Association (Jamieson, Moore, Peskin & Spicer, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The primary issue is whether a bank may deduct a processing fee from a judgment debtor's general deposit account before paying the balance to a levying creditor. Another issue is whether the Superior Court may decide the issue in a summary proceeding under N.J.S.A. 2A:17-63.

The appeal involves two cases that were consolidated in the Appellate Division. In the first case, All American Auto Salvage...

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