Archived
My phone is ringing off the hook now. i owe several credit card companies and have not made my payments for the last 2 months.
Elliott's answer
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Answered on November 02, 2009
First question to ask yourself is: What is my plan?
If the plan is to avoid all creditors, wait for entry of judgments then file bankruptcy? If...
Archived
Can a lawyer still subpoena banks to take money if they already garnish my wages?
Elliott's answer
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Answered on November 02, 2009
The remedies afforded the judgment creditor are not mutually exclusive.
They can both garnish wages and levy on bank accounts and other assets,...
Archived
Can i fight a judgement made against me on behalf of a creditor because I was not living at the address papers were sent to?
Elliott's answer
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Answered on October 29, 2009
Contact the creditor or their attorney to discuss the claimed debt and claimed defective service issues.
Archived
Can a Debtor or a collection company who filed judgment against me do the following?
Elliott's answer
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Answered on October 29, 2009
The creditor can direct the bank to restrain the accounts. The bank is obligated to obey the restraint or they face possible contempt of court...
Archived
I am a painter who is owed $750 by a client in NY how do you suggest I collect?
Elliott's answer
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Answered on October 29, 2009
Take them to Small Claims Court.
Archived
Do we need legal representation to collect a judgment?
Elliott's answer
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Answered on October 28, 2009
You can deliver a Property Execution to the Sheriff of the County where your debtor has its place of business and to restrain their bank account,...
Archived
Can a collection agency take my car?
Elliott's answer
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Answered on October 28, 2009
Under New York law, the judgment-creditor can seize and sell your car.
Your options are either to make a deal with the creditor or fight entry of...
Archived
Can a credit card debt lead to your property being taken away?
Elliott's answer
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Answered on October 28, 2009
Sounds like they are attempting to defraud you.
Without a judgment in favor of the creditor, they can't do anything to you.
Make them show you...
Archived
Bought a car with Tax ID number 6 yrs ago, stopped making payments, can the bank track us down then?
Elliott's answer
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Answered on October 26, 2009
The bank has the right to find the car and seize it from whoever has possession right now.
Archived
Is it legal to have information subpoenas sent to your job when you are paying your debt?
Elliott's answer
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Answered on October 26, 2009
With a judgment entered against you, the information subpoena is permitted under CPLR Article 52. You admit that sometimes you forget to make the...
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