Legal Question in Credit and Debt Law in New York

Was never notified or served summons

My bank tells me my checking account has a restraining notice against it for abt $6K, my account has only $218 in it. I immediately got a copy of my credit report and found a judgement had been entered against me by the same collection people that put the lien on the account.

Since I have been out of work for 3 years, with no income except disability and unemployment (both ran out) I have considerable amount of debt owing. But I have never been notified by this company or lawyer name supplied by bank's letter, nor have I ever received a summons either in writing or in person regarding This law suit.

Can I get this removed from the cking account or is bankruptcy my only option, and how wd I list it on the paperwork, and how long before it wd then be removed i at all. The money is my youngest son's,...


Asked on 10/26/03, 10:48 am

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

Re: Was never notified or served summons

You may be a good candidate for filing chapter 7 which would wipe out all your debts, judgments etc., you have to list all your assets (what you own) and give each item a value (negligible) and then list all your debts, judgments, etc. The forms are a little confusing but you can get a "how to" book with the forms at a legal stationers and save loads of money OR you can use a cheap lawyer, pay a little more and be done with your debts in 3-6 months. Look in your local newspaper or call your local legal aid office for referrals.

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Answered on 10/27/03, 12:10 am


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