Legal Question in Credit and Debt Law in New York

Account on hold without judgement

Hello, I have a hold on my checking account from a credit card bill I never was served and there is no judgement that I know of. Can they do this without a judgement? The bank gave me the number to the attorney office that placed the hold. I asked the bank to fax me what they sent them and it was a information subpoena and restraining notice from the law firm not the courts. Is that legal? also the plaintiff name is not the company of the credit card I owe. The credit card is from Providen and the plantiff is Cach, LLC. Who is that and can they freeze my account?


Asked on 4/04/06, 6:04 pm

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Account on hold without judgement

1.Can not freeze your account without a judgment.

2.The info subpoena comes from the atty not the court.

3.The debt was prob assigned to collection company.

You need to see the judgment and then move in that court to have it dismissed for lack of personal jurisdiction (you were never served).

Statute of Limitations to collect on a debt in NY is 6 years.

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Answered on 4/04/06, 9:42 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Account on hold without judgement

There MUST be a judgment to issue a subpoena and the judgment creditor's attorney has the power to do that. Suggest you go to court and file a motion to vacate the judgment (which will automatically cancel the subpoena). Speak to the PRO SE (pronounced "pro say") clerk who assists persons without attorneys...and file the motion ASAP. Your debt was probably purchased by a debt buying company which is common. They have the right to sue you for the money...

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Answered on 4/05/06, 11:44 am


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