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Showing results for tags 'motion to show cause'.
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I asked for a received an order to show cause why a default judgement against me by Cavalry SPV I should not be vacated and told the court that I believed that the matter had already be settled via stipulation in an earlier case. I had never been served by Cavalry and did not learn of the suit until my bank notified me that Cavalry's attorneys, Schachter Portnoy had placed a restraining notice on my bank account. The court granted the order to show cause and stayed the restraining notice. My question is, what is the effect of staying the restraining notice? Can I now access my bank account? My bank says no, and I'm very worried because my husband and I have no other account and our rent is due on the 15th. and if we can't get into our account, we'll be unable to pay our rent and any other bills. In addition, my husband has his paychecks deposited directly and I don't think we'll be able to stop that in time to prevent his next check from going into that account. What is the effect of a stay in this situation? How long does it last? I have not worked in nearly 3 years and all of the money in the account is my husband's salary. Naturally, he's very angry about the situation, which makes it harder to cope with this. But if he could show that all the money in the account is from his salary, could he have the restraining notice removed entirely? Could he simply close the account and open one in his name only? I'm trying to juggle a lot of things right now...the lawsuit by Cavalry, another problem with Midland which I thought had been settled, and now this. Any advice or can anyone point me to a resource with the answers I need?