Legal Question in Credit and Debt Law in New York

freeze of assets

can a debt collector freeze and take moneys owed even after we talked on the phone and i agreed to make payments.

they are also saying that we never agreed on anything when i talked to them about 3 or 4 months ago,when i asked them to check they're recordings to confirm my question they said it was not recorded.they where suppose to send me a contract to make payments on the money owed,never sent them.now my bank account is frozen and they are threatening to take anything that is in that account,when my wife called them they said no agreement was reached.and then she tried to make another agreement with them and they told her they can not do it,that they had to talk to me she offered to give them a direct line to me but they declined the offer.what can i do about this matter


Asked on 11/12/05, 12:04 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: freeze of assets

immediately go to the court where the judgment was entered against you. For your bank account to have been frozen, a judgment had to have been entered against you. It sounds like you did not know that a law suit had been commenced against you...maybe you were never served with a summons and complaint...SO, you have to go to court and tell the clerk that you want to file a motion to have the judgment entered against you vacated...he/she will help you to file a motion called ORDER TO SHOW CAUSE...and that will force the one who entered the judgment against you to show cause why the judgment should NOT be vacated...and usually the court vacates the judgment...you have to say that you were not served...and that you have a defense to the claim...maybe you don't owe the amount they claim you owe...maybe the debt is too old..maybe the statute of limitations ran...did you pay money to them? don't ever pay money or say you owe money on the phone...all ahgreements should be in writing...go to court today and keep your money from them...

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Answered on 11/14/05, 1:27 am


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