Legal Question in Credit and Debt Law in New York
Frozen Bank Accounts
A creditor served me with a summons,I responded to the summons, and filed a summary judgement against them asking for proof of debt and the original contract I signed. I got the order from the judge that I had lost the summary judgement and it was recorded in the court. I never heard another word until my bank account was frozen last week. I have gotten no paper work on anything. Shouldn�t I have gotten another notice or paperwork to appear again to settle this debt? It looks like they just awarded the judgement. The bank did not have the paperwork from the order. It was a joint account, the father of my son had his paychecks directly deposited there to help with support of our son.The bank said I had to call the CA to unfreeze the account. Told me I could get the rest of the money just as soon as I signed the papers. I signed papers so the creditor could take half and to get the rest of our money. There was nothing left because of fees associated with the order. even was trying to set up some type of payment with the creditor, offered to pay them X amount each month. They said that wouldn�t even cover the interest and had to contact their customer and get back to me. I have heard nothing. Does all this sound right?
1 Answer from Attorneys
Re: Frozen Bank Accounts
Go to court and take a look at the court file. It is impossible to know what happened unless you go to court get the clerk to show you the court file and see. Apparently, either the court found that you owed the money at the time of your motion OR something happened afterwards that you did not know about. Usually, if you default in appearing at the time something happens the court will give you your day in court. You might have had it and missed it! If you get the judgment vacated (thrown out) your accounts get released automatically. GO TO COURT ASAP.