I am getting ready to file the following Motions: "Motion to Quash Bank Levy", "Notice with Intent to Defend", and "Motion to Vacate Judgment", with the local city court in upstate New York where the judgment had been filed. I was never served and given notice or a chance to defend myself in this matter, and had my bank accounts in New York and California levied.

Unlike other states (ie california), the clerk's office claims they do not have or use Boiler plate forms to file these motions. No problem, as I have been able to obtain some samples in this forum.

My Question to all who care to is:

1. I need a sample wording to be included in a Motion to Quash Bank Levy pleading. Can anyone paste a short paragraph or two ? Also, do I need to include the specific banks and account numbers in the motion ?

2. I do have the verbage for Motion to Vacate Judgment & Notice w/ Intent to Defend. Should improper service or never served be the correct verbage to include in the body of the motion ?

3. Do I need to include / attach a basic Judge's Order to the last page of the motion, or is this done by the clerk / judge.

4. What happens once it's accepted by the clerk ? Do they stamp /file it and give you a copy immediately?

5. Once Motions are filed with the clerk's office, do they send out copies to the plaintiff, or do I have to use a Process Server to serve the plaintiff and their attorney /debt collector personally ?

All suggestions and samples would be appreciated.

There is a fine ( sometimes very fine line) in giving general legal advice from past experience and education and actually practicing law.
When one starts giving specific wording for motions, that line is normally crossed. These are things that people hire attorneys or at least para legals for. Or they basically borrow forms from other cases if there are not avialable.

I really feel that being as specific as you are asking can or would cross that line. Someone may be able to supply you web sites that offer free info or forms or even a pay site that does offer this info.

And of course some may feel OK with giving specific answers.

So What Is Your Point ? Hire an attorney to obtain a Boiler Plate Motion Form ?

This is suppose to be an open forum for all "Pro Se" indidviduals sharing similar experiences and offering their suggestions and references. If you read my questions carefully, you will find they are general procedural questions in nature (tips, samples,etc.) not for specific verbiage you fear will "CROSS THE LINE" (of what ?)

We all know the trick in civil cases is not interpreting the law, but rather the procedural barriers and hassles placed before "pro se" individuals (by clerks, judges, etc) in getting the proper forms both correct and filed.

I guess once a Pro Se gets this right, according to you, they have "crossed the line" because they may be "practicing law without a license", Is that what you meant to say ?

Please, You obviously hold yourself in higher esteem then others see you. Keep your Vanity and "no-sense" comments to yourself as they serve no useful purpose here !

Ok, First, I'm not sure why you are filing three motions. You should be filing either the Vacate or the Quash. I would go for the vacate. Once the judgement is vacated, the attachment order is no longer valid. If the judgement was awarded in small claims court, then the formalities are more lax.

I am filing a motion to vacate the judgement awarded to <insert plaintiff> on <insert date> in the <insert court>. I was never given due process because I was never properly served with notice of this action.

That should be all you need. What will happen then is the judge will order a hearing where the plaintiff has to produce proof of service. Assuming they can't, the judgement will be vacated and you ask the judge to give you an order releasing your bank accounts. You then run this over to your bank.

The plaintiff will then have to refile their suit. That's when you file your Intent to Defend.

Do NOT try to innundate the court with paper. If you are representing yourself, keep it simple.

As to informing the plaintiff, just ask the court clerk.

[QUOTE=ScottGem]Ok, First, I'm not sure why you are filing three motions. You should be filing either the Vacate or the Quash. I would go for the vacate. Once the judgement is vacated, the attachment order is no longer valid. If the judgement was awarded in small claims court, then the formalities are more lax.



Thanks a lot for the procedural Info ! I'm all for keeping it simple (being a pro se). However, I am in upstate New York, where the judgment was filed in City Court (not small claims) and am leaving back to California soon and wanted to make sure I have all forms filed at the same time, correctly, with nothing missing.

Actually, I was filing only two (2) Motions (to Quash Bank Levy and Vacate Judgment). The Notice of Intent to Defend was to be attached to the Motion to Vacate because of improper service. Based on other individual's postings in this forum, I assumed this was the correct procedure to follow. Did I mis-interpret ?

Most urgent, was the Motion to Quash Bank levy, as they have seized accounts in both New York and California, one of which is used in my Sole Prop. Business and used to pay employees. With the motion I was going to attach letters from the Banks disclosing the bank levy. Upon filing with the clerk, I was hoping to get a judge to sign an order for that first, so I can take back to California and then have the sheriff/marshall's office serve them first ( to have funds released). Would this be possible to be done, without having a hearing first ?

I was under the assumption that these two Motions, though similar, have to be presented separately and at the same time ?

All responses appreciated !

The Intent to Defend is an answer to a summons. You haven't gotten a summons so have nothing to answer. If they refile the suit, you will need to THEN file the Intent to Defend.

And I really don't think you need to file both the quash and vacate. You want to get the judgement vacated. Once you do, the judge will rescind the writ of attachment. The only grounds I see for quashing the levies is the improper service. And that's not grounds for quashing the levies only for vacating the judgement. Unless you have some other grounds for quashing the levy, I don't see that happening until you have a hearing on the improper service.

Thanks again !

In my Motion to Quash the Bank levies, my grounds to Quash was not only for improper service but also because it covered a business account used to pay employees. I know one party that was successful in using this approach and had the levy lifted after filing with the clerk's office, then had the marshall's office serve the motion on the bank, and had the hold on his funds released without a hearing. But that was in Southern California, and the judgment is in New York. Not sure it would work here.

Based on what your saying, a hearing needs to be held first before a judge will act /approve on an order or Motion first.

I don't know if that will fly, but its worth trying. But I don't think anything will be done without a hearing. A judge isn't going to overturn a judgement just on your say so.

Hear Hear !