New York debt collection laws, can a creditor seize a debtor's bank account

Asked over 5 years ago - Brooklyn, NY

A collection law firm restrained my bank account which is joint with my husband I called them they said I was served papers I did not receive any papers when I asked who signed they said a neighbor of mine had signed for the summons I have no idea who they are talking about because the name they told me is not knowone that I do know when I asked to come to a resolution to the matter they said I am not able to make any kind , settlement do they have the right to leave personal papers with someone that I do not know

Attorney answers (2)

  1. Elliott M. Portman

    Contributor Level 13

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    Answered . I'm guessing that you confused things up on the service of the papers. There exists an affidavit of service on file with the court where the action is pending.

    You should go down to the court, ask for the file in the records room and then review it for content. It is entirely possible that the Summons was left at your door and the neighbor merely confirmed that you were not currently in the military. That, and a few other steps, is legal service in New York.

  2. David Alexander Phipps

    Contributor Level 12

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    Answered . You are being cheated. I don't know anything about New York law, but it cannot possibly be valid service to leave the papers with a neighbor. Your first option is to hire an attorney to get the default judgment set aside on the grounds of invalid service of process. The attorney will also get the attachment of your bank account releaesd by the court.

    But if you clearly owe the money and you don't have any good defenses or counterclaims, one option would be to allow the collection to proceed, even though they cheated. The reason is that if you fight the original invalid judgment, all you would be gaining is a delay in the collection. It might be unwise to spend money on an attorney if you will inevitably lose when the trial occurs.

    I hope the first option is best for you. Cheating lawyers should not be allowed to succeed.

    This answer must not be relied on as legal advice for the reasons posted here:
    http://davidphipps.com/docs/Disclaimer.doc . And I am not your attorney.

    David

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