Legal Question in Credit and Debt Law in New York
frozen assets
A credtor has received a judgement against me and frozen my bank account. It is my only asset and necessary to live. It is less than the debt.
I cannot come to an agreement that I can afford with them.
What can they do?
What can I do?
3 Answers from Attorneys
Re: frozen assets
You have to IMMEDIATELY go to the court where the judgment was entered and make a motion (request to the court) to have the judgment VACATED...(thrown out) because (a) you were never notified of the commencement of the law suit (improper or non service of the summons and complaint) so that the court never had jurisdiction over you and (b) you have a meritorious defense to the claim of the creditor (you don't owe the funds-or the amount is incorrect-or anything else that fits the facts). DOing this prevents the judgment creditor from actually getting the bank funds and 99% of the time the court will vacate the judgment and allow you to defend yourself..and you can get the funds out of your bank...You should ask for the PRO SE clerk...the clerk that helps people without attorneys to file the correct papers. If you need additional help call 718-788-7825, my office...I'll be glad to assist FOR FREE. Bankruptcy is a LAST RESORT under very limited circumstances...good luck
Re: frozen assets
This is a difficult question. There are many unanswered questions here; including: (1) do you truly owe the money? Is the amount correct? (2)What was the debt for, what kind of transaction? (this can sometimes be important)(3) Are you collecting disability or social security?
You are welcome to a consultation at no charge at my offices at 42 west 44th st., ny,ny. Please call for an appointment frist - 646-591-5786
Re: frozen assets
Consider Bankruptcy Alternatives. Call my office for a consultation. 718-888-3108.