Legal Question in Credit and Debt Law in New York
Bill Collection
My daughter once lived with an irresponsible man who put her name on a ''Waste Management'' account. She was unaware of the fact that the account was in her name & that the bill was never paid. After the breakup, she has been unable to open a checking account because Waste Management's legal dept. has put a lien on her account.
It's been two years & still the lien seems to be pending. How can she prevent them from taking money or suing her for an account she never signed for? Also, how can money be taken from a person's account without permission?
Thank you for your time.
2 Answers from Attorneys
Re: Bill Collection
Unless they have a judgment against her they can't.
Re: Bill Collection
A Lien against an account (bank account?) can only be placed after a judgment is obtained...meaning a law suit commenced naming your daughter as a defendant where she did not respond and a judgment was entered...she would have to have been served with a summons and complaint where she lived or worked...after judgment, accounts can be restrained (funds tied up) ...there should be some information you can obtain from the bank to find out where the law suit was commenced...your daughter has to go to the court and get the judgment thrown out...I am not sure your facts are straight...because liens on bank accounts don't last for two years...so you may need to get more info and ask again.
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