Ask Experts Questions for FREE Help !
Ask
    sdemo66's Avatar
    sdemo66 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Apr 9, 2008, 04:49 PM
    Foster and Garbus. Frozen Bank Account
    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's Avatar
    slowandeasy Posts: 353, Reputation: 14
    Full Member
    		  
    #2

    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's Avatar
    sdemo66 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    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's Avatar
    diazm80 Posts: 1, Reputation: 1
    New Member
    		  
    #4

    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's Avatar
    nessy_sat Posts: 2, Reputation: 1
    New Member
    		  
    #5

    Feb 18, 2011, 07:08 PM
    Comment on diazm80's post
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #6

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Frozen bank account [ 2 Answers ]

How long can they freeze your account and how long before they can freeze it again in New York

Bank Account Frozen [ 3 Answers ]

My Dad's bank account has been frozen. He is unemployed and what ever funds he has in his account is for rent and medicine. I called the credit card company and they want $600. A month and $100. Thereafter. The total amount due is $1,200. My dad is willing to pay $50-$100 a month. But the attorneys...

Frozen bank account [ 23 Answers ]

Hi, My question is, can my husbands bank account be frozen for a judgement against me. I have a pending judgement against my own credit card, which he was a user, but the account was in my name. I was told to get my own account since they will probably freeze our joint account that I used to pay on...

Frozen Bank Account [ 7 Answers ]

My bank account was recently frozen because of an outstanding credit card balance. I live paycheck to paycheck, I called the bank and they just said an order was put through and that there was nothing they could do. I called the number the bank gave me for the company that got the judgement. I...

Bank account frozen [ 1 Answers ]

I've read several questions on the topic of judgements from creditors freezing or levying bank accounts. Unfortunately, we received some very bad advice from a debt settlement company and allowed a judgement to be put on us. The debt is mine from being unemployed for an extended time but I was...

View more questions Search