Legal Question in Credit and Debt Law in New York

Lein on checking account

In 2000 I had a credit card that I was unable to make payments on. It went to collections with a lawfirm and they contacted me weekly for about a year. during this contact time I was still unable to make payments or arrangements. For 4 to 5 years I have not heard from the law office. Today I found out that they placed a lein on my joint ckecking account for over 8k$. I did not receive any type of noticication from them at all. I contacted the bank who gave me the creditor information and then contacted them. They told me that they had no way of contacting me since all they had was an old address. My question is how did they get my banking info and if they got that then how come they could not get an address or phone number to contact me. I am still unable to pay on this and only had $500 in the bank. The law office said that depending on what the info requested from the bank shows they may not take my 500. Do they not have to let me know that they are going to court for a judgement?


Asked on 10/26/06, 9:52 pm

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

Re: Lein on checking account

Yes they do have to let you know they are trying to obtain a judgment. They are required to file documents in court that state you were so advised. Obviously, there is a difference of opinion there as you claim you were not served. THE FIRST THING YOU HAVE TO DO is to go to the court where the judgment was entered and file a motion (make a written request) to have the judgment vacated so you have an opporunity to defend yourself. When the judgment is vacated the bank has to release your funds back to you...so GO TO COURT TODAY. THey should be able to help you file the papers you need to file to get the judgment vacated.

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Answered on 10/27/06, 9:10 am


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