Legal Question in Credit and Debt Law in New York
Marshal trying to collect c/c debt
I was past due on a Citi c/c. the balance i owed on it was about $10072. It was with collections first & then this law firm in Long Island was handling this a/c. I was paying them $200/month. But when i asked them for some kind of proof/statement for the payments they said they cant give any & i had no reasons to continue paying them. In feb 2006 i got a letter from nyc marshal trying to collect $17093/- & since i dont have any other option started to pay the marshal 10% of my weekly income. i was never informed by anyone about a court date or anything. anyway, i would like to know if theres anyway i could settle this a.c? I am liable for only the $10k i charged on this a/c. i could arrange for some money to settle this so that my credit will be okay. please help.
2 Answers from Attorneys
Re: Marshal trying to collect c/c debt
If you went to the court where the judgment was entered you could file a motion (make a request in writing) to have the judgment vacated because you (a) have a meritorious defense to the underlying claim (b) did not defend the case because of a good excuse (like you did not know you were being sued) and/or (c) you were never served with a summons and complaint so the court never did get jurisdiction over you so as to allow them to enter a judgment. That is the summary of the law that pertains to your situation. An attorney can handle that for you...but since it requires at least 2 appearances in court, 1 to get the court papers and prepare your motion and 2 to be in court when the judge hears the motion, (and possibly more if the judgment creditor's lawyers ask for an adjournment) it can be expensive. You can do it yourself and save money, then try to settle the case after the judgment is vacated. The amount due goes back to the pre-judgment amount and you can probably settle for a fraction of the original amount. You will NOT see the statements and/or charges as most companies don't retain them forever.
Re: Marshal trying to collect c/c debt
It may make sense to get rid of this debt through Bankruptcy if possible. Why bother spending the time and money fighting this?
Call me for a free consultation.
Jacob Silver
Attorney At Law
26 Court Street
Suite 2511
Brooklyn, NY 11242
http://www.silverbankruptcy.com
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