View Full Version : Foster and Garbus. Frozen Bank Account
sdemo66
Apr 9, 2008, 04:49 PM
The debt collection lawyers of Foster and Garbus of upstate New York have frozen my bank account for a credit card debt. At this point, how do I deal with this collection agency?
slowandeasy
Apr 10, 2008, 04:43 AM
First of all a collection lawyer can not 'freeze' your bank acount. ONLY a judgement from a court can. Did you receive a notice to appear in court? If you did and you ignored it the cc company got a default judgement against you thus allowing them to attach your bank account. You should have gotten several calls and letters from them before going to court.
Once they have a judgement they have little reason to settle with you. How old is the debt and were you served with a civil warrant?
sdemo66
Apr 11, 2008, 09:02 AM
YES... They Got A Court Judgement To Freeze My Account ( My Fault For Not Responding) The Debt Is Not A Large Sum And I Do Want To Pay. What Is The Best Way To Do This So I Can Make Them Go Away. Thanks
diazm80
Aug 7, 2009, 11:27 AM
You need to file a Motion to Vacate the judgement and give a good reason why you were unable to appear. The judge will give you a new court date (if the reason for not appearing seems valid) and from this the
Collection attorney must prove this debt is valid. If they don' show, the judgement is removed. If they can't prove positively the debt is valid, your judgement will be removed and bank account lifted.
nessy_sat
Feb 18, 2011, 07:08 PM
I have the same problem with them. In my case, it's a debt they claim I have which I know nothing about; that's why I ignored them. Finally, they were able, with a court order, to put a block on my accnt. Where do I go to file the motion to vacate the judgement?
JudyKayTee
Feb 19, 2011, 08:22 AM
You go back to the same Court that issued the Judgment. If the Judgment was obtained legally you very well may NOT be able to set it aside.
Your failure to act will be seen as acknowledgment of the debt.