Legal Question in Credit and Debt Law in New York

judgement not served correctly?

In short a unknow credit card company has placed a judgement and frozen my bank accounts. That is how i was advised there was a judgement when i went to retrieve mponey from an ATM machine. The law firm who placed it states they sent priority mail a plea for a response and i never responded. The major problem is this i don't live at the address they sent it to and never have, as well it is in a different county than i reside in or work in. I contacted the law firm and they stated they weren't required to give me an information because i a judgement had already been awarded in their favor because of my failure to respond. I have perfect credit it and have verified this with a credit check as of yesterday and no judgemnet or any derrogatory account shows up. Can they freeze my bank accounts after obviously not sending me the paper work to confirm it was actually mine???


Asked on 5/06/03, 11:29 am

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

Re: judgement not served correctly?

First, you have to vacate the judgment. Since you allege that you were never served with a summons and complaint the court that entered the judgment DID NOT HAVE JURISDICTION OVER YOU to enter the judgment. You will NOT get any help from the law firm that entered the judgment (they just want you to pay). Go to the court where the judgment was entered and ask for help from the PRO SE (pronounced "pro say") clerk (they help individuals who do not have lawyers) and file a motion to have the judgment vacated (thrown out). That would STOP any effort by the law firm to get your funds in the bank. You would have to state why you did not answer (you were never properly served) and why you do not owe the money...(not your credit card?) Delay too long and the funds will be removed from your account. Lawyers charge plenty for this service but you can do it yourself.

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Answered on 5/06/03, 11:48 am


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