Legal Question in Credit and Debt Law in New York

charged off credit/bank hold
My 32 yr.old daughter, had credit card debt charged off in 2003. Yesterday her bank acct. was frozen. She checked her mail and found letter from attorney that looked like junk mail, dated 4 days prior, saying a judgement was going to be placed on her acct, and she needed to contact them. It was too late by the time she got the letter. Her paycheck and tax refund had just been deposited, and now she has nothing for bills. The judgement was for over twice the amount of the original debt, $15,000. Amount owed at charge off was $6000.00. She has been working hard on getting credit cleaned up, paying another old card, plus student loans. It seems illegal that a cut throat company could buy a debt, then charge you more than the original debt, to get you off their back. She would have no problem paying the original company, Nextcard, but by the time she was able to start paying on her bills, she was told she could not due to it had been written off. What recourse does she have?

Asked on 3/27/08, 6:45 pm

Michael Markowitz Michael A. Markowitz, PC

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Re: charged off credit/bank hold

She has to file a motion with the court to vacate the default judgment. The form for the motion may be obtained at your local county clerk's office.

Mike.

Answered on 3/28/08, 9:25 am

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