Legal Question in Credit and Debt Law in New York
Retraining order on checking account
My checking account has a restraining order placed on it. A law firm states I was served with the summons in October 1998. I never received that summons. I went through a debt consolidation firm to make payments on my debts. I fell behind a total 4 months (not in a row, over a period of time) due to a domestic partners health. Meanwhile, I have been paying all creditors for 18 months per the agreement with the debt consolidation firm. How long is a summons effective? How do I remove the restraining order from my account? Which has checks bouncing against that account.
2 Answers from Attorneys
Re: Retraining order on checking account
A summons commences an action. A judgment is a decision by the Court. In your particular case there is a judgment that was filed against you.
There are two ways to remove a judgment. 1. Pay it. 2. Make a motion before the court to vacate the judgment.
With a motion, you must demonstrate two things. First, an excuse on why you did not answer. In your particular case it seems that you were never served with the summons. Second, you must show a "merritorious defense" or in other words, why you don't owe the money.
Mike.
Re: Retraining order on checking account
The creditor has obtained a default judgment against you. The judgment is good for 10 years and may be extended for an additional 10 years.
You will have to vacate the judgment. I suggest you retain an attorney.
Daniel Clement
212-279-6194
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