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Bera · Jun 6, 2007, 01:56 PM

Hello. I currently have a levy on my bank account and I currently received a letter from my old address about this. The total outstanding amount is $2,600. This is an old credit card debt (Associates MasterCard) from 1997 that I defaulted on. I am not going to make excuses--I have not made any payments and I have also ignored their threats within the past months of them suing me and taking me to court. I never went to court and they receieved a default judgment. Now there is a bank levy on my checking account and they have a notice from the New York City marshall to garnish my earnings. The reason why I didn't respond to their inquiries is because I thought that after 6 years, the debt does not have to be paid and I don't owe them anything un the State Statues of debt. This account doesn't show up on my 3 credit reports either. I am sooo frustrated as they have my entire money frozen and are threatening to garnish wages. I have canceled my direct deposit. My question is, are they able freeze my account and garnish my wages? This account is approx 10 years old (1997) and they claimed that I made a payment to this account back in Aug of 2005 (which I called the old collection agency who had the account) and they said it wasn't posted. I am willing to negotiate and possibly settle with them for a lower amount, but the guy (as usual) was a real A-hole and wanted payment in full for the full amount. Am I able to file a motion to vacate this judgement as well? The "INCOME EXECUTION" states that I have 21 days before they start garnishing my wages. Help, I'm sooo depressed.

mr.yet · Jun 6, 2007, 04:20 PM

You only have30 days to file for an appeal, how long has it been?

Bera · Jun 7, 2007, 05:47 AM

It's hasn't even been a week. The levy was placed last Saturday, June 1st (coincidence on pay day?) The "Income Execution" states that I have 21 days or they'll go to "stage 2" and request money to be garnished from my employer. This is in NYC Civil court, specifically, Richmond county (Staten Island). Thanks

Bera · Jun 7, 2007, 09:13 AM

I called up the local Civil Small Claims court today and spoke to a gentlemen there who was helpful. Im going to stop by there tomorrow and file a "Motion to Vacate judgment". The clerk told me there is no fee, but I would have to pay for "mail" because they would have to serve the creditor. What are my chances of having my judgment vacated? Also, if the judge accepts the motion, and I end up going back to court, does the collection agency/marshall's office have the right to continue freezing my accounts? i.e, will it be unfrozen till a final decision is made? This is my last bill. Boy, I've learned my lession with these damn creditors. The sad part is that I could have settled this account last year with an old collection for 1 payment of $902.00. I literally have no excuse to make. This

Bera · Jun 7, 2007, 09:41 AM

Another thing I don't understand is how come this debt doesn't show up on my credit report? They just recently got the judgement, could it possibly be that the judgement might show up on my credit report at a later date? Say in a month? In any case, I am heading to the civil courthouse tomorrow to file a motion to vacate.