Legal Question in Credit and Debt Law in New York
Court Date for Retraining Notice
I went to court and filed a motiton to show cause. I have a joint account (in name only w/ my x-husband). My x has a judement against him only for collection of a debt. I have a court date in two weeks to prove that the money is mine. I received that money in lump sum nearly 14 months after my divorce and I have proof.
My question is do I really need a lawyer since I have overwhelming proof that the money is mine. Also, I'm not sure I can pay the lawyer because my life savings is being retrained. If I lose I can't pay him. I have one hour credit with my lawyer and he says that's enough to make a call to the law firm and see what can be done by phone. I will owe him more if he comes to court with me.
Considering the overwhelming proof, what are my chances of getting the judgement vacated or at least half the $ released. Is it possible that the collection attorney will agree by phone to vacate. Is it possible the judge will still uphold the judgement even with the proof.
Also is a motion to vacate the same as an order to show cause? I thought the burden of proof was on the law firm to prove the money belogs to the defendant. But it looks like I will have to prove that it does not. Which is not a problem.
1 Answer from Attorneys
Re: Court Date for Retraining Notice
There are a number of issues here.
1. The judgment will not be vacated against your ex. You can only get the bank account declared yours and not applicable to the debt.
2. This is not an easy thing. Ask the judge for help as best you can and ask for an adjournment to get a lawyer if things seem to be moving against you at the hearing.
3. As long as the account was a 'joint account', then your ex had the right to withdraw the money from the account. You must show not that the money is yours, but rather that the money is not his in any way.
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