Legal Question in Credit and Debt Law in California

Judgment - Bank account freeze

A judgment was placed against me in

the state of New Jersey. I have been

living in CA for 5 years and was never

served paperwork or informed of the

case. They have now put a freeze on

my bank accounts, is this legally

possible?


Asked on 1/13/09, 8:50 pm

1 Answer from Attorneys

Joshua Swigart Hyde & Swigart

Re: Judgment - Bank account freeze

This will take a little work up front to figure out what occurred, when and where. You will want to get the entire case file in New Jersey. I would recommend contacting someone you know or a copy service firm in NJ to pull the case, copy the file and send it to you. You will want to determine how you were allegedly served. That will be on the proof of service filed with the Court. If service was improper you may be able to get this set aside. You also want to check to see if the case was properly brought in NJ. There are certain requirements under the FDCPA which apply to venue. If those provisions were violated you may have the right to bring an action against the debt collector who brought the case. If you need additional assistance, feel free to contact us directly.

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Answered on 1/14/09, 12:12 am


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