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Collection agency stopped my bank account.
Hello
I would like to have a legal advice from someone who knows tenant and landlord litigation. If you are able to help me your help would be greatly appreciated If not please help me find somebody who can answer my question. Back in 2001 I had lived in a apartment building in the Bronx and I was working in construction.I had a year lease on the apartment.Unfortunately I had a accident on the job and I was out of work for 1 year I had not been paying the rent for 5 months and abused the credit cards to get buy.My credit was in ruins (still is) and I had to move out from the apartment. I have never paid the back rent. Now a collection agency locked my bank account I can not cash my checks. I called them up today and tried to talk to them but the only thing they want to hear is that I pay the balance in full. I do not have that kind of cash right now,and I just started to get on the rocky road of fixing my credit.I am trying to avoid bankruptcy. They said they going to garnish my wages. I just started as a sole proprietor in November and I really haven't made too much money. Now the business is picking up a little bit but I still have a long way to go to get my life straighten out. I just opened another checking account but I am afraid that they will find this too so I haven't made any deposit yet. I am also thinking of changing from a sole proprietorship to a LLC. Can they attack that? If you would be kind and give me an advice what could be my options if any I thank you for your help. |
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You should be safe with a LLC, and use a EIN number for your bank account with a business name, ( makes it a lot harder to find even if they get a order for it
Now of course they can not merely freeze your account or garnish your wages, they would have had to notify you of a hearing for a judgement and then have that hearing. If you were not notified you can make a motion with the court to overturn the motion. But of course the bad thing is if you set up as a LLC, and a separate business, then they will issue a order to garnish your wages, so if the LLC pays you anything ( and you have to ba paid to pay your bills) then those wages can be garnished also. |
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