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maralody
Nov 8, 2008, 06:56 AM
I currently have a lien on my account from a debtor. This lien was issued in GA. I live in NY and can not get to GA to go to court, what should I do? What is next?

ScottGem
Nov 8, 2008, 07:32 AM
You may have to hire an attorney to represent you in GA.

You can try applying for a change of venue in NY courts.

maralody
Nov 8, 2008, 07:47 AM
How do I apply for a change of venue?

excon
Nov 8, 2008, 07:56 AM
Hello m:

Liens aren't placed on accounts until AFTER a judgment has been rendered. If that's so, you don't need to go to court, because it's all finished.

You need to work out a deal with the creditor, or they'll just empty the account.

excon

maralody
Nov 8, 2008, 12:52 PM
I tried to call the creditors and they told me that there is nothing they can do at this point. They have emptied the accounts, but said I had 40 days to pay them. What happens if I can not/do not have the total payment in 40 days? Would they then try to garnish my paycheck?

excon
Nov 8, 2008, 12:55 PM
Hello again m:

They surly might if your state allows it.

excon

maralody
Nov 8, 2008, 01:01 PM
Thank you for the help. This was done by a court in GA. I live in NY, which state do I abide by?

excon
Nov 8, 2008, 01:03 PM
Hello m:

If you work in NY, it's NY laws that apply.

Ex

Fr_Chuck
Nov 8, 2008, 01:26 PM
But the court order from GA is honored there, but they can only garish to the limits NY has set.

But if you owe the money, and the judgement is valid, there is nothing to do in court, unless you cann prove you don't owe the money

ScottGem
Nov 8, 2008, 04:09 PM
As excon said, if they attached your accounts that means they obtained a judgement.

So the question becomes where you aware of the debt and of being sued? If you were, then there is nothing you can do, they won the right to collect on the debt. If you don't pay, they will use the judgement any way they can to collect.

However, if you weren't aware of the suit, then you might get the judgement vacated and then fight it.

Browse around through this forum and the Bankruptcy and Debt forum and you will find several threads from people in similar circumstances. This may give you some ideas on what to do.