Legal Question in Credit and Debt Law in New York

credit debt

I received a letter from an attorney's office stating that the account was forwarded to their office for collection. I contacted them in an attempt to pay. However, the funds that I was awaiting to enter into a payment plan has not arrived. I conveyed this message to them and they said that there is a default judgement against me. However, I have not received a summons regarding this debt. Can they still try to garnish my wages without me being served a summons to answer in Civil Court?


Asked on 2/27/09, 3:23 pm

1 Answer from Attorneys
Stephen Starr Starr & Starr, PLLC

Re: credit debt

A creditor with a judgment can both garnish the judgment debtor's wages and levy a writ of execution against the judgment debtor's bank account (or just restrain the account pursuant to a restraining notice).

Please see the prior posting on our Blog (newyorkbankruptcylawyerblog.com) on the topic of dealing with a default judgment. The posts are:

Help A Collector Has Frozen My Bank Account in New York, Queens, Bronx, Brooklyn! http://www.newyorkbankruptcylawyerblog.com/2008/10/help_a_collector_has_frozen_my.html

- and -

What Can I Do If a Default Judgment Has Been Entered Against Me in New York? http://www.newyorkbankruptcylawyerblog.com/2008/10/what_can_i_do_if_a_default_jud_1.html

The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice for your situation. You should consult with an attorney.

Best regards,

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Answered on 2/27/09, 3:43 pm


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