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Bank Levy
An attorney in New York has placed a levy on my bank account in California for something that happened over 13 years ago. What is the statute of limitations? I never received any form of communications from this attorney nor was I ever taken to court for this matter. I contacted my bank requesting copies of court papers and was told they do not have any.
I contacted the attorney in New York and explained that was happened 13 years ago. My daughter had her appendix removed and the Hospital billed my insurance (HMO) incorrectly stating that it was as a result of an accident. I contacted my insurance back then, and was told that if the hospital would bill them correctly, they would pay the bill. What are my legal rights? Thanks. |
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The NY attorney has at a minimum a judgement against you; it may be valid or not. You should understand that the legal defense, "statute of limitations", is an affirmative defense; you must plead the defense in the course of your answer to the complaint. Get all the records you can from the NY attorney; then get a certified copy from the clerk of court; in particular, you need evidence of the proof of service that would indicate the date and place that you were served. If there was no service, you may be able to have the judgement (and or levy) set aside.
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