Legal Question in Civil Litigation in New York

Can They Legally Lock Up My Bank Account?

I want to know if a company hires a lawyer to collect a debt can they 1)obtain a judgement without me present to represent myself. and 2) legally lock up my bank account so i can not use it.

To make a long story short, we were renting a house 2 yrs ago and were forced to move.My landlord had the oil company fill the tank and Bill me. over the 2 yrs i have been disputing this with them. They hired a law firm to collect from me. after numerous conversations between us via phone and letters they informed me they were taking me to court unless i dissputed the claim via wriiten notice.I sent them a registered letter return reciept request explaining my position and recieved my reciept back from the post office so i knew they had signed and recieved it.I heard nothing more until about 4 months later when i recieved a letter from them telling me they had obtained a judgement against me.Now its been almsot 2 months and today i could not get money out of my bank account. upon checking with my bank i was told they had a legal hold on my account. also the original amount was less then $600.00, now they claim i owe $1600.00. can any one tell me if they have the leagl right to do this?.


Asked on 4/01/05, 9:14 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Can They Legally Lock Up My Bank Account?

They have the right, if they served you with a summons and complaint. If you ignored it, they needed to get a default against you and this can be done using only the court Clerk.

If you feel that you have not been served, go to the court before the expiration of one year from the judgment, and ask for an Order to Show Cause to vacate the default.

You will need to show a meritorious (legal) defense to the claim.

Good Luck

RRG

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Answered on 4/02/05, 10:48 am


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