Motion to Quash Bank Levy & Order (Judge's)
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.