Legal Question in Credit and Debt Law in New York
Bank Account Frozen by Collection Agcy for a 7 yr old Debt
My bank account was frozen by a coll agcy that sent a ''judgement'' to my bank for a debt that was initiated in 1998 and shows as ''charged off from Sep 199 to Jan 2005'' on my credit report. Last pymt made in maybe late 98, early 99. Hasn't the statue of limitations passed for NY? If so, what recourse do have against the coll agency and or bank? I have a bal in the bank that has a hold and I have no access to my funds.
2 Answers from Attorneys
Re: Bank Account Frozen by Collection Agcy for a 7 yr old Debt
You have to go to the court where the judgment was entered and check out the documents that have to be filed there if there is a judgment entered and you can see (1) when the law suit was commenced (2) how it was commenced and (3) the date the judgment was entered. THen you have to make a motion to vacate the judgment to get your account released...you need to seek the help of the clerk in the court and he/she will assist you with all of this.
Re: Bank Account Frozen by Collection Agcy for a 7 yr old Debt
The collecyion agency has a judgment. That means you were sued and they got a judgment because you did not respond to the documents.
This can be fought. Find out where the judgment was made and get the summons and affidavit of summons. I have won cases like this.