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    maralody's Avatar
    maralody Posts: 4, Reputation: 1
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    #1

    Nov 8, 2008, 06:56 AM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 8, 2008, 07:32 AM

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

    You can try applying for a change of venue in NY courts.
    maralody's Avatar
    maralody Posts: 4, Reputation: 1
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    #3

    Nov 8, 2008, 07:47 AM
    How do I apply for a change of venue?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Nov 8, 2008, 07:56 AM
    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
    maralody's Avatar
    maralody Posts: 4, Reputation: 1
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    #5

    Nov 8, 2008, 12:52 PM
    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Nov 8, 2008, 12:55 PM
    Hello again m:

    They surly might if your state allows it.

    excon
    maralody's Avatar
    maralody Posts: 4, Reputation: 1
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    #7

    Nov 8, 2008, 01:01 PM
    Thank you for the help. This was done by a court in GA. I live in NY, which state do I abide by?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Nov 8, 2008, 01:03 PM
    Hello m:

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

    Ex
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Nov 8, 2008, 01:26 PM

    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Nov 8, 2008, 04:09 PM

    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.

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