bank levy: I was sued by a credit card company and got a judgement. I worked out a payment plan with the law firm and put down $500.00 . I have just found out they froze my bank account. Why would they do this after I worked out a plan? Can I still work out a payment plan?
Jeena's answer: It sounds like you need to have an order to show cause filed on your behalf for the court's assistance to unfreeze your account in light of the settlement. An order to show cause will stop any further action on the credit card company's part until the issue of why your bank account is being frozen can be heard before the judge. Since you are in Suffolk County, I can assist you with that type of work. Please feel free to contact me via my website at www.jeenabelil.com
Should I contact the original creditor?: I am trying to gather information in response to being sued by a debt collector for an old debt. I have no information about the original card but I do have the account number. Do I run any risk by contacting the original creditor to find out more info (dates, etc.) about the account?
Jeena's answer: If you are being sued, the best advice at this point is to contact a debt collection litigation defense attorney to assist you in answering the complaint and defending the matter. Do not make any phone calls to any parties in interest to the litigation as any statements you make could be used as statements against you if the case were to go to trial. You have very little time to interpose an answer (usually 20 or 30 days from the date that you were served depending on certain factors) so time is of the essence. If you'd like to contact me to discuss your options, please feel free to do so. Best of luck.
Why do insurance companies do this during a personal injury case?: I don't quite understand how insurance companies handle personal injury cases. I don't understand why they go through the process of an IME, deposition and other such expenses which cost them just to later settle the case. I can see about the deposition. But what is the true purpose of a IME, at this point in time everyone already knows what an IME doctor will say "their is nothing wrong with he or she". Why go through all the expenses to just settle a case?
Jeena's answer: Your question is a good one and the first attorney's answer is pretty much on point. Under the New York Civil Practice Rules governing Personal Injury Cases, Just to add a little New York take on things, Defense Counsel has the legal right to an IME within a certain time period after your EBT is taken (usually between 30 and 45 days.) They need this IME if they choose later on to go to trial in order for them to have a medical expert testify. That way, they do not waive their rights medical expert testimony if settlement discussions are unsuccessful Please see my blog post on Independent Medical Examinations.