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C030401 · Mar 21, 2007, 09:25 PM

Back on 3/11/05 a small claims judgment was filed against me and my brother in the state of New York for back rent in the amount of $2023. At the time we had no idea what to do about it (still don't actually) but we knew we weren't guilty so we showed up to court only to be ignored though the whole legal process as we stood in front of the judges podium waiting our turn to speak. Not until the judge literally picked up his gavel and was ready slam it down and rule in favor of our landlord did I shout out something to the effect of, 'HEY! We paid our rent!' The judge stopped and said, 'oh you dispute the charges?' I couldn't believe it got this far before anyone asked us that! I went on to explain to the judge that at no time did I nor my brother sign a lease with the plaintiff. We we're subleasing from the nephew of the plaintiff and at no time did we sign a lease with him either. The judge was completely unaware of the fact that the landlord only had gotten a lease signed by his nephew and just put the whole thing off till we were both completely moved out of the place. Which we were the very next day. Long story short we paid the nephew the amount of rent verbally agreed on but he never paid his uncle. The judge still found us liable for the back rent though which I only found out about many months later when attempting to get a car loan. It showed up on my credit report. I disputed the charge through all three credit bureau's and it was taken off 2 of the three so I pretty much just wrote it off. Recently though they seized my brothers bank account. Luckily he only had $15 in it at the time. Due to back medical bills totaling over $14K my brother is about to file bankruptcy so he'll be in the clear from this matter after that. I on the other hand am not going to file bankruptcy and now live in the state of Nevada. I'm wondering if they can seize my bank account/assets too? I read something about they'd have to "obtain entry of a sister-state judgment" ( http://bankruptcy-law.freeadvice.com...e_judgment.htm ) but I'm still confused... Would I get word of this before my bank account was seized?
So in short;
Can they seize my now out of state assets?
Will I get word before they do?
And how can I get this A-hole who wrongfully went after us when he should have gone after his nephew off my back now without money to afford a lawyer?
And can a business bank account I have be involed ?

excon · Mar 21, 2007, 10:50 PM

Hello C:

Bummer. Yes, they can seize ANY account they find with your name on it. Yes, they can seize your business account, unless it's a corporation. Bummer again - it isn't, is it?

The time to fight this A-hole was in court back then.

excon

Just Jae · Mar 23, 2007, 11:48 AM

It depends upon where you opened your account. Like if you moved to Iowa and opened the account in Iowa they may not be able to unless they registered the Judgement in your state.

Even though you may bank with a bank that has a place of business in NY and Iowa they have to properly register it.

I had someone attach my account in MD for a debt in NY and when I called them they released it I cited Motorola Credit Corp v. Uzan most collectors have a general rule that accounts located outside of NY are not subject to attachment.

They can do it but there is a process they have to follow to do it..

Hope that helps

ScottGem · Mar 23, 2007, 11:53 AM

One other point. You will not get prior notification that the account has been seized.

After you told the judge that you had paid the rent to the nephew, did you offer any proof of it? Did you have any proof?

Fr_Chuck · Mar 23, 2007, 12:02 PM

Ok, all of the things that happened before you got a judgement does not matter, you may still think you don't owe the money, but you lost, so you owe the money. So all the reasons, and how don't matter 2 cents at this point and time. And the judgement does not have to e taken off any credit report, since it is a valid legal judgement.

Now can they get your moneyin another state, of course real easy, easier if that bank has a branch in your state. If they have a branch in your state it is like being in your state.

But getting the OK from another state is as easy as filing it with the court there, takes them about 10 minutes so don't worrry that will not stop them at all if they find enough money to be worth doing it.

As for the judgement you time to appeal that is most likely over at this point, so what you need to do is arrange to pay them the money the court has ordered you pay