Legal Question in Credit and Debt Law in New York

In Jan 2012 a judgement was filed against me from Forster and Garbus for a Capital One credit card.I called the law firm and was told I had to have $500.00 down and no less.Iexplained to the woman that I have no job and that I did not have that amount of money to put down.She basically said to bad that's what they wanted.They have since sent me letters that they are looking for assets to seize and banks accounts to freeze. I have since been able to get the $500.00 they want down...spoke with them today to tell them I will be making the payment On 02/29/2012 and I will then send payments.a paymnet plan was not talked about.My question is...after I make the down payment and start making regular paymnets can they freeze my bank account...my husband is the primary holder of the bank account.


Asked on 2/27/12, 10:36 am

1 Answer from Attorneys
simon goldenberg Law Office of Simon Goldenberg, pllc

If they have a judgment entered against you, they can proceed with bank levy or income execution. A payment plan may put a 'hold' on enforcement of the judgment, but it does not guarantee that further action will not be taken against your assets/accounts. Also, keep in mind that if you miss any of your payments and do not cure within the specified time, the creditor will likely demand that you pay the pre-settlement amount. I deal with accounts like yours on a regular basis and I would advise you to consult with an attorney. You might be able to save even more money on your settlement with legal representation.

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Answered on 2/27/12, 4:07 pm


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