Legal Question in Credit and Debt Law in New York

unknown judgment (thought was collection) taken out of savings

I had a collection account for years that I never agreed with which apparently turned into a judgment. i just found out yesterday that they had went into my savings account and taken out $2600 without my knowledge. is this legal?


Asked on 3/10/04, 4:56 pm

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

Re: unknown judgment (thought was collection) taken out of savings

To get funds out of your bank account the creditor needs to (a) sue you (b) obtain a judgment (c) restrain the bank account and/or (d) retain the services of a marshal or sheriff to get the funds. You should have been served with a summons and complaint as part of step (a), which forms the basis for (b), (c) and (d). If you did not get notice that a law suit was commenced (were never served with the summons and complaint) the answer is YOU can petition the court to STOP the actions of the creditor and to either dismiss the action against you OR allow you to defend yourself (interpose an ANSWER to the complaint). You must act swiftly or the funds will be GONE.

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Answered on 3/10/04, 5:16 pm


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