[Helpman]

In NYC civil court a law firm sued me for credit card co debt. I had 3 appearances, 1st conference met with court officer and schedule for next date due to we did not agreed on payment discount etc.2nd appearance extended to next court date, I received a MOTION papers from the law office that motion accepted by default by the judge, 3rd hearing, the court officer notified me your case is off the calender and said go to the court clerk and ask to vacate the judgment. I went to the court clerk and been told after make sure on my file you do not have any judgment. I noticed on Jan. last in my Bank statement a Negative balance of doubled the amount of debt amount also, the seized my safe deposit locker. both bank account and locker in joint account with my wife.

I search the court website there has been no judgment entered yet.

By filing just motion law firm can freeze my bank account and locker even it's in joint account

What do to next, Please Help. Thank you

[ScottGem]

You received a notice they were requesting a default judgement. You apparently did not answer that motion and a default judgement was granted. Now you have to fight to vacate the judgement.

[Helpman]

Attorney for CC sued me and won the judgment,they levy on my bank account and my safe deposit box, my bank account and safe deposit box both in joint account with my wife and safe deposit box contains my wife's jewellery that she got gift from their relatives and friends on our wedding, and my only wedding ring.

In my affidavit to vacate the judgment I mentioned above reason including I am disable for 4 months and jobless and when I sit with the plaintiff and court law officer, I notify inability to pay now what they demand $1100.00 per month to cover lawsuit of 22000.00. I offer less than that to start with and promise to more when I get the Job in future. Plaintiff did not agreed negotiate anything.

I am in NYC (1 of 5 boros) can I file affidavit of motion to vacate the judgment again? (is their any limit) to lift levy on bank account or just the safe deposit locker that I can return my wife property to her that has sentimental value.

I really appreciate this helpful website and many experts and helpers who provide their valued time and knowledge.

THANK YOU VERY VERY MUCH

[Fr_Chuck]

Just not being able to pay is not a reason to vacate the judgement, you have to have a legal reason, 1. you don't owe the debt 2. you were not properly served 2. it is not your debt, you were confused with someone else.

So they have full legal reason to get a judgement, which they can use to collect if you do get a job in the future.

If they take something that belongs to someone else, ( wife) and she is not on the debt, she can file with the court as a injured party.

[Helpman]

Thank You Fr_ Chuck,

What is the procedure to file with court as injured party?

[Helpman]

They levy on that but did not take anything yet from the safe deposit box or account, how to stop them before they take them? Thanks

[mr.yet]

Have your wife file a Third Party Claim against the judgment, as long as she can prove the assets are her alone, the judge will have to exempt them from the judgment. File it now this will prevent the asset from being remove unitl a hearing can be set.

[Helpman]

Thank you Mr. Yet,

Sure I'll follow your advice. Please let me know that there is any forms available for that or I just ask the court clerk or my wife have to file new law-suite against the attorney/creditor

[ScottGem]

You aren't filing a lawsuit. All you are doing is notifying the creditor that certain assets are exempt. As chuck noted, I'm not surprised your motion to vacate was denied, since you have no grounds to vacate.

[Helpman]

Thank you, ScottGem

[Helpman]

I am still confused on my Question, what should I do step by step to get my wife's jewellery from the from safe deposit box

[Helpman]

How my wife can file third party claim? Safe deposit box has all women (my wife's) jewellery and Mine only wedding ring. What will be the next step? PLEASE HELP

[Helpman]

Hello, A credit card attorney got judgement against me 15 months ago and frozen my bank account and bank froze my safe deposit box (that only have my wife jewelary in it) I had no money in bank account but the safe deposit box is still frozen, Bank does not allow us to open and 2 months ago I got a letter from the different collection agency to settle judgement amount by half.

I understand that attorney sold my judgement account to other collection agency. I am wondering that How can get my safe deposit back that frozen by the credit card attorney, Is there any limit of time duration that bank can hold and if unclaimed, I can get back?

Thank you

[excon]

Hello H:

I don't believe a safe deposit box CAN be seized due to a judgment... I mean, the act of seizing your box pays the judgment creditor NOTHING, and that's the idea of seizing your accounts...

So, I'd check into that, if I were you. Maybe the bank will show you the paperwork they received...

excon

[JudyKayTee]

What State?

[Helpman]

This is Queens New York

[Helpman]

Do Queens county in NY has any limit that I file motion to vacate judgment (default)for improper service. Thank you

[Fr_Chuck]

This would be the taking of personal property, what is the value of the items in the box

[Helpman]

Box contains some jewellery that belongs to my wife only that she got gift from her relatives and friends on our wedding.

I noticed the original law firm who won the judgment against me sold to another colllection compamy and I got a settlement offer to in half the amount.

Thank you very much for your kind help