My bank received an “Information Subpoena & Restraining notice" from First District Court of NY state last month for an unfair judgment that my ex-employer ‘s partner was granted against me on Aug 1996, in the sum of USD16,000+ and USD44,000 is due plus interest on Oct. 2014. The charge was not true and unfair, not only without me even knowing or receiving the court date, but also it was an allowance, to compensate my unbelievable low wage, rather than a debt. Hapless, I am currently living out of USA. I was told by the bank that any amount over USD1,920 between Oct 2014 to Oct 2015 will be deducted from my checking account, no deduction to my saving account, which is around USD500? Sound like, my account is safe right now? This is all the money I have in the State.
Unfairness is not a defense. There. Might be defenses.
I will change the designation
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If a lawsuit was filed in New York sometime in the mid-1990s, the time to dispute the allegations of that lawsuit was then, not now. Although I do not practice in New York, it must be true that a judgment issued by a court is enforceable, and that is the case whether or not the defendant/debtor agrees to all of the facts that were stated in the complaint. If you did not oppose the lawsuit then, it is probably too late now.
When a judgment creditor with a judgement from another state wants to collect that judgment in California, he will apply for a sister-state judgment in a court here. The judgment debtor must be notified of the application and can oppose the issuance of a sister state judgment. (That's called domestication of the judgment.) If the judgement creditor domesticates the judgment, he can proceed to enforce that judgment based on California enforcement statutes.
So essentially what this means is that if your ex-employer's partner has a judgement against you that was domesticated in California, he can levy any funds in bank accounts in CA, unless those funds are exempt, such as Social Security payments. If you believe that some or all of your money is exempt, you can file a claim of exemption within 10 days of the date of the notice of levy. It's not possible for me to tell you if there is an applicable exemption; you should talk to an attorney to determine that.
If you want to avoid money being levied from your accounts, you should withdraw any remaining money from that bank and not make any more deposits with that bank.
This answer is for general information purposes only and is not legal advice. No attorney-client relationship is intended or formed by the posting of this answer. Law Office of Lisa J. Espada * San Francisco, CA *
The statute of limitations on a judgment is 20 years. They still have 2 more years.
With respect to the rest of your question, do not deposit money in US Banks. That's a way to avoid future entanglements.
The bank may be observing your personal exemptions. But frankly if you're out of the country there's little anyone will be able to do for you and on an old judgment like this, unless you can prove there was lack of personal service when the lawsuit was filed, you're stuck with the judgment.
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SOL is 20 years. Time to contest has passed. You can avoid any levy by not having any money in the account.
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