newwriter45 Posted March 14, 2005 Report Posted March 14, 2005 Can an OC really attach bank accounts for the 10 year(20 year renewable) period that judgements are in effect for? Does this mean that every time I open a new checking account I have to worry about the OC finding it and seizing it, and never be able to have another account until I can maybe someday pay off the judgement?I had thought that after the judgement and seizure of 2 accounts that it would just kind of sit in court somewhere until it either got paid off by me, discharged in a bankruptcy, or written notice by the OC that they were going to actually come and take something of value of mine!2 weeks after the original judgement I am now getting letters from a new CA that I've never heard of before. Will they ever leave me alone? If anyone can shed any light on what happens after a judegement, I would appreciate it!BTW, I"m in NYThank you!
newwriter45 Posted March 14, 2005 Author Report Posted March 14, 2005 Can an OC really attach bank accounts for the 10 year(20 year renewable) period that judgements are in effect for? Does this mean that every time I open a new checking account I have to worry about the OC finding it and seizing it, and never be able to have another account until I can maybe someday pay off the judgement?I had thought that after the judgement and seizure of 2 accounts that it would just kind of sit in court somewhere until it either got paid off by me, discharged in a bankruptcy, or written notice by the OC that they were going to actually come and take something of value of mine!2 weeks after the original judgement I am now getting letters from a new CA that I've never heard of before. Will they ever leave me alone? If anyone can shed any light on what happens after a judegement, I would appreciate it!BTW, I"m in NYThank you!
LadynRed Posted March 14, 2005 Report Posted March 14, 2005 Oh yes, they can keep attacking your wages, your assets, and especially your bank accounts for as long as the judgment goes unpaid. Do NOT assume that they'll give up after a couple of tries and go away. ANY bank account you open is vulnerable as long as you have a judgment against you. If they can't find it themselves, they will drag you into court for a debtor's exam and MAKE you give them the account information, along with ALL your other financial and personal information. You cannot escape, you cannot duck. While the judgment is there and unpaid, it is accruing interest, so the longer its unpaid the BIGGER its going to get - just by sitting there. They will go for easy bank accounts first, then wage garnishment, those are the easy targets. They can also place a lien on your home, probably your car, and could even sieze the car even if its not paid off yet. You MUST file for your exemptions to keep your personal property too, otherwise you may be awakened 1 day by a sherriff with a truck outside ready to take your stuff away to sell it. You have a judgment against you, its not going away unless you make arrangements to pay it, either thru a settlement or voluntary means. If you don't they will collect it INVOLUNTARILY and you won't like it much.
LadynRed Posted March 14, 2005 Report Posted March 14, 2005 Oh yes, they can keep attacking your wages, your assets, and especially your bank accounts for as long as the judgment goes unpaid. Do NOT assume that they'll give up after a couple of tries and go away. ANY bank account you open is vulnerable as long as you have a judgment against you. If they can't find it themselves, they will drag you into court for a debtor's exam and MAKE you give them the account information, along with ALL your other financial and personal information. You cannot escape, you cannot duck. While the judgment is there and unpaid, it is accruing interest, so the longer its unpaid the BIGGER its going to get - just by sitting there. They will go for easy bank accounts first, then wage garnishment, those are the easy targets. They can also place a lien on your home, probably your car, and could even sieze the car even if its not paid off yet. You MUST file for your exemptions to keep your personal property too, otherwise you may be awakened 1 day by a sherriff with a truck outside ready to take your stuff away to sell it. You have a judgment against you, its not going away unless you make arrangements to pay it, either thru a settlement or voluntary means. If you don't they will collect it INVOLUNTARILY and you won't like it much.
newwriter45 Posted March 17, 2005 Author Report Posted March 17, 2005 Thanks LadynRed for your answer, it was certainly very clear! I had thought I was judgement proof as I don't work, we don't own a home, have 1 older car (just turned in a lease car), but apparently there is no such thing as judgement proof!You said to make sure I file for my exemptions for personal property, how exactly do I do that? I am assuming I would fill out some sort of a form? Something I would file at the local courthouse? I am clueless about a lot of this stuff , although I have been reading this forum, and am starting to learn!Thanks!
ghacorp Posted March 17, 2005 Report Posted March 17, 2005 Noone is judgment proof until death or bankruptcy. With no income or assets the chances of getting sued in the first place are slim. Also if a creditors predictibility model shows a high likelihood for a future bk filing, the debt may be sold. Most will not risk resources going after those with nothing except perhaps Discover Card!
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