Elliott M. Portman's Answers

NY state debt collection laws, can creditors garnish pension and social security disability income

New York CPLR 5205 exempts for garnishment, social security benefits and the pension. If payments are not made and judgment is entered, the judgment-creditor will have to look elsewhere to satisfy the judgment.

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Can a credit card company freeze a bank account and garnish social security and pension income

It is up to you to claim the exemption. Be prepared to send copies of Statements to support your claim. If the deposit is made by direct deposit, the bank probably put the creditor's attorney on notice of the exempt status of some, if not all, of the funds.

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NY state debt collection laws, can creditors garnish pension and social security disability income

New York CPLR 5205 exempts from garnishment, social security benefits and the pension. If payments are not made and judgment is entered, the judgment-creditor will have to look elsewhere to satisfy the judgment.

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What is the statute of limitations in NY for collection of a credit card debt

The New York Statute of Limitations for bringing an action on a consumer credit debt is six years. CPLR § 213(2). That period of time can be extended to run from the last payment made on the account, even if payment is made after the creditor ceased to have the right to sue.

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Can a collection agency freeze my bank accounts without notice

New York permits a judgment-creditor to restrain bank accounts after entry of judgment. Unless you can show that the funds seized were "exempt", like Social Security benefits, there is no obligation to release the funds without a court Order compelling the release. I didn't read that you didn't know a judgment was entered or that you don't owe the debt. Maybe you can work out a monthly schedule that will work with your budget. Call the attorney for the creditor and have your figures...

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Under NY state debt collection law can a creditor try and garnish my wages for unpaid credit card debt

A judgment is enforceable for twenty years from its entry. When the claim arose is immaterial. You can look at the court file to determine if you were properly notified of the lawsuit. If you want to dispute judgment entry, you can bring a motion to vacate the judgment, if you have a meritorious defense and a reasonable basis why you didn't respond to the service of the legal pleadings. You can try to contact the creditor's attorney and offer a settlement. If you ignore the...

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Do I have to make a collections payment before I receive the letter of terms/ rates from the collector?

Since you gave the information to the collector, the collector can only debit what you agreed to give them for this payment. If you agreed to continue the debit each month, you must receive a confirming letter before the first debit. Insist on having a written agreement setting forth a total of what you are going to pay and how much you are going to pay each month. Keep track of your payments so that you know when to stop paying. If you have authorized a "check by phone" debit of...

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I am being sued by a debt collector. My only income is SSI. This debt haven't been paid in over 2 years. They bought the debt.

Service by affixing to your door plus additional mailing is legal service in New York. By ignoring the Summons and Complaint, you have made the problem worse. You should have responded to the Summons to get a court date. It is legal for your original creditor to sell your debt to another party and that other party to try to collect it from you. You can either attempt to deal with the Agency trying to collect the debt or go to court and try to open up the judgment. Under NY law, your...

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Can my tax return be garnished if i have a judgement for debt collection?

Your Income Tax refund is not a protected asset under NY law. The judgment-creditor is within their rights to both garnish your wages and seize any of your assets that are not exempt from seizure.

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Negotiating old credit card debt with collection agency, debtor's rights to dispute credit card debt under NY state law

The NY Statute of Limitations is six years from the default in payment or from last payment made against the balance, whichever is later. Simply point them in the direction of your ex and ask them for a copy of the Application. If they can't produce the Application, they aren't going anywhere with the claim anyway. Do not ignore the claim however. Continue to dispute to the agency and do not throw away any legal papers. If they do bring a lawsuit, consult an attorney for your options.

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