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ScottGem · Jun 12, 2007, 01:06 PM

Forget the validation issue. That is not germane to this motion. The SOL issue depends on the last activity on the account up to when they filed for the judgement (when was the judgement obtained?) You can claim the SOL expired, but I doubt if that will fly. You will have to prove no activity and that won't be easy.

The improper service is your best bet, but I'm not sure that will work either. If you only moved 8 months ago, then the creditor was reasonable in sending notices to that address. Depending on when the judgement was obtained, its possible that notices went there while you were still there. If the address was your parents residence and they still live there and did not forward mail to you, that's NOT improper service.

So, if the judgement is vacated, it does NOT cancel the debt. It simply means that the creditor has to refile for judgement. All it does is give you time to remove your money from the bank account and allows you your day in court to defend against the judgement meaning that the creditor will now need to prove the debt before a judge.

apriltour · Jun 18, 2007, 12:34 PM

Originally Posted by Bera

I have a levy placed on my bank account (approx $1,700) in there from a collection agency/law firm for a default judgement they receieved for an old debt dated from 1997.

Well I went to civil court and file a motion to vacate and the judge approved it. I served the lawfirm/collection as well as the marshalls office by certified return receipt mail. The court clerk told me my court date is set for July 3rd at 9:30 a.m.

My question is, will the collection agency and marshall's office REMOVE the levy off my bank account till the final court date is done? Or will my account still be frozen?

Technically, dont they have to lift any levies till everything has been settled? Should I call them and tell them to do so or is that a bad idea?

thanks

I just went through this - you must serve the bank and if necessary your employer - also it must come from the City Marshall as well as the creditor who put the lien - if they serve and you keep calling all liens will be removed in the same day... my account was released and the income execution removed but I am still waiting for the city marshall to send back the money they took from my wages - I do however have my money from my bank account... good luck!

Bera · Jun 19, 2007, 05:36 AM

Ha! Get this?

I come home yesterday and I get a letter in the mail from the attorney's office asking me to call them to speak with one of their "settlement specialists" so they can offer me some type of special settlement and payment plan. Keep in mind, when I originally called them after they put the levy on my bank account, they did not even want to speak with me. They only sent me this letter, after I filed a motion to vacate judgment, and after I sent them a certified letter asking them to validate the debt.

I think they have nothing, and definitely cannot validate my debt, they are just looking to see if I'm going to fall into their trap. Its been 2 weeks since I've sent my validation letter to them, and they haven't responded. I swear, after all the fee's I've incurred due to the bank levy (Not sufficient funds fee, over limit fee, etc), I feel like countersuing them for all the charges, and my lost days that I'll have to go to court.

ScottGem · Jun 19, 2007, 05:50 AM

That's a distinct possibility. As long as they have a judgement they arre in the drivers seat. Now that you are fighting it they realize they may not be able to win. I would respond to their letter with your own reminding them that you sent a letter asking for validation of the debt. Once you receive that documentation you will be happy to discuss a settlement with them.

mr.yet · Jun 19, 2007, 06:05 AM

They would not be asking for this if they could validicate the alleged debt, it showing that the tide has turned in your favor. ScottGem is correct don't discuss it untilthey provide the documentation you requested.

apriltour · Jun 19, 2007, 06:52 AM

Yeah if they bought the debt from someone else - they may not have all the proof that you owe it.. so that's why they want to offer a settlement - get the proof first and then look at settlements - if you really owe it... pay it... if not FIGHT IT!

BinkydollCat · Jun 19, 2007, 11:07 AM

Originally Posted by Bera

I have a levy placed on my bank account (approx $1,700) in there from a collection agency/law firm for a default judgement they receieved for an old debt dated from 1997.

Well I went to civil court and file a motion to vacate and the judge approved it. I served the lawfirm/collection as well as the marshalls office by certified return receipt mail. The court clerk told me my court date is set for July 3rd at 9:30 a.m.

My question is, will the collection agency and marshall's office REMOVE the levy off my bank account till the final court date is done? Or will my account still be frozen?

Technically, dont they have to lift any levies till everything has been settled? Should I call them and tell them to do so or is that a bad idea?

thanks

How do you file a motion to vacate a judgement? What form did you ned to use?

Bera · Jun 19, 2007, 11:20 AM

Hi Binky,

Just go down to the court where the judgment is. (mine is in NYC Civil court) and see the clerk and ask him/her that you want to vacate the judgment. In nyc civil court, its FREE!

There'll be a form asking you why you want to vacate, and simply state your reason (I stated that I was never served and had not lived at the old address since last year)

Good luck!

reistrade · Jul 16, 2007, 04:07 PM

Originally Posted by Bera

I have a levy placed on my bank account (approx $1,700) in there from a collection agency/law firm for a default judgement they receieved for an old debt dated from 1997.

Well I went to civil court and file a motion to vacate and the judge approved it. I served the lawfirm/collection as well as the marshalls office by certified return receipt mail. The court clerk told me my court date is set for July 3rd at 9:30 a.m.

My question is, will the collection agency and marshall's office REMOVE the levy off my bank account till the final court date is done? Or will my account still be frozen?

Technically, dont they have to lift any levies till everything has been settled? Should I call them and tell them to do so or is that a bad idea?

thanks

I am looking to do a motion to vacate judgment myself - where did you get the form? Also, is there a time limit to submit a motion to vacate judgment?

Bera · Jul 17, 2007, 10:50 AM

I believe you have 30 days or so from when the judgment was ordered, so go down to the court where the judgement was given. Go see the clerk and ask him/her to file a motion to vacate--its extremely easy. The clerk handed me a paper, basically asking me to fill out my personal information and docket # and the reason why I should have the motion granted. They gave me a court date 2 weeks later to see the judge and the judge approved it. You have nothing to lose! Also, it was free, no fee at all to file. Good Luck

ScottGem · Jul 17, 2007, 11:13 AM

Originally Posted by Bera

I believe you have 30 days or so from when the judgment was ordered, so go down to the court where the judgement was given. Go see the clerk and ask him/her to file a motion to vacate--its extremely easy. The clerk handed me a paper, basically asking me to fill out my personal information and docket # and the reason why I should have the motion granted. They gave me a court date 2 weeks later to see the judge and the judge approved it. You have nothing to lose!! Also, it was free, no fee at all to file. Good Luck

The process, timing and fees will vary from jurisdiction to jurisdiction. So your experience may not be duplicated in other courts. But you are right the place to start is the courthouse as reistrade was already advised.