Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Small Claims (https://www.askmehelpdesk.com/forumdisplay.php?f=303)
-   -   Lien on my bank account (https://www.askmehelpdesk.com/showthread.php?t=278408)

  • Nov 8, 2008, 06:56 AM
    maralody
    Lien on my bank account
    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?
  • Nov 8, 2008, 07:32 AM
    ScottGem

    You may have to hire an attorney to represent you in GA.

    You can try applying for a change of venue in NY courts.
  • Nov 8, 2008, 07:47 AM
    maralody
    How do I apply for a change of venue?
  • Nov 8, 2008, 07:56 AM
    excon
    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
  • Nov 8, 2008, 12:52 PM
    maralody
    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?
  • Nov 8, 2008, 12:55 PM
    excon
    Hello again m:

    They surly might if your state allows it.

    excon
  • Nov 8, 2008, 01:01 PM
    maralody
    Thank you for the help. This was done by a court in GA. I live in NY, which state do I abide by?
  • Nov 8, 2008, 01:03 PM
    excon
    Hello m:

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

    Ex
  • Nov 8, 2008, 01:26 PM
    Fr_Chuck

    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
  • Nov 8, 2008, 04:09 PM
    ScottGem

    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.

  • All times are GMT -7. The time now is 07:37 AM.