tiffaneya Posted September 3, 2004 Report Share Posted September 3, 2004 Hi Board this is an URGENT question. I am from Texas and just moved to NYC about a year ago. i had gotten a credit card in college when I was 18 now I am 23. I recently moved to another address about a little over 4months ago. The card in quesion went to collections and such. It is now September and my account has been hit with a restraining order because I was supposed to go to court for the debt . I was never aware of such court date and the action that would have been taken. I call the CA to get an itemized listing of fees as well as a date of the deliverly of summons , they said they would supply me with no such proof and that the summons should have been forwarded in the mail. I moved 5/15 and forwarded my mail in 4/1 and havent received anythinnd wa s6/11/04 I havent received any such thing from them or anyone for that matter. How can I be sued and did not know it and what can I do to to lift this order, regain my account and be free to continue my life as was before? Is it possible to vacate the motion and also countersue for dammages such as bank fee, bounced checks, etc. What should I do I have never heard of such an underhanded tactic ? PLease advse me on my rights and steps that need to be taken to clear my account? Lastly will this affect my ability to open any avccount or use the current one that I have. Link to comment Share on other sites More sharing options...
missinglink Posted September 4, 2004 Report Share Posted September 4, 2004 Were you sued in NYC or Texas? It makes a big difference in knowing exactly where. DON't open any more bank accounts right now or they will take those bank accounts also. There suppose to sue you in the county that you live. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted September 7, 2004 Report Share Posted September 7, 2004 I am assuming you received a default judgment in NY ( or a Texas judgment that was docketed in NY ) and the restraining notice is from a NY lawyer. The bank will hold twice the amount of the judgment for at least 6 months. Do not put anymore money intot he account or you won't be able to get it. At this point, your options are few. Find out the lawyer who restrained the account and try to work something out with him. Remember, if he sends the sheriff to collect the account, that adds 5% to the balance plus fees of $100 or so. That is on top of the judgment, and on top of whatever your bank is charging you. Some banks will let teh two of you lift the restraint: the dumber banks will say only the sheriff's levy will do it. Call the lawyer, see what you can work out. Let us know. Link to comment Share on other sites More sharing options...
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