Legal Question in Credit and Debt Law in New York
Theft
a collection agency has emptied my husbands bank account, we have never received a single notification on this so called debt and have no idea what this is in reguards to only the number to an answering service. Can they legally empty our account without and prior notification?
1 Answer from Attorneys
Re: Theft
They can't. You were notified. In the court's file there is a piece of paper that is sworn affidavit by someone that says you were served with a summons and complaint on a certain date, time and place. Additionally a second copy of the complaint was mailed to you (and somebody swore they mailed it to your address). Is is so? Who knows. YOu have to go to the court where the lawsuit was brought and file papers that state just what you are claiming...that no one ever served any papers on you and the first time you had a clue about the proceeding was when your bank acccount was emptied... (didn't your bank even send you a notice?)...If not, they screwed up!. Act fast, if you can convince a judge you were not served he might Order the funds returned...YOU MUST ACT FAST. DO IT TOMORROW. Good luck