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Emergency! Family Memeber Accounts Frozen


CreditSuperstar
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Hi People,

I haven't been on in awhile but I desperately need help from the experts.

Here's the situation.

My sister-in-law has a hospital judgement against her from New York in 1999. They now live in Florida.

A NY lawyer has had her bank accounts (savings & checking) frozen. Since they were ina difficult financial spot with their mortgage, they are thinking of filing chapter 13.

The judgement is for 35k...originally 22 before fees and penalties.

My questions are:

Doesn't the attorney need to be licensed as a CA in FL? If so, what's the website to check this? Is it the AG's website or another # to call and check?

Are there any steps they can take in FL to unfreeze the accounts if the attorney is not licensed?

Doesn't FL have it's own version of the FDCPA? If so, can it offer any additional defense?

If this is the case, should they hire an attorney and sue the NY attorney?

I know there are some resident FL experts here too. Hopefully you'll chime in!

PLEASE HELP FOLKS!

I wouldn't ask but this is not my area of credit repair knowledge.

Thanks in advance. All the best.

Credit Superstar

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I think as long as the judgement is still valid, anything other than what is exempt under FL laws, is fair game for seizure.

I've read about a particular NY lawyer (I think it was on Bud Hibbs) that basically trolls the banks and sends seizure orders to those customers the lawyer can find. Sounds like your SIL is on the short end of the stick.

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Thanks ...

The reason my credit tanked was because of my now ex-wife. I'm so tight with money that I could squeeze the turds out of a buffalo nickel.

I have just enough credit to get my score in good condition and where I can use it, do monthly PIF, and finance the occasional big ticket item for 1 year or less.

Goal is home ownership by May of 2007.

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Once a judgment has been awarded it can be executed on when assets such as bank accounts are located. The FDCPA really does not offer protection once a court has awarded a judgment. A bk 13 may be the best remedy since there is a problem with the mortgage and filing may prevent the assets from being collected until a plan is put into place.

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To protect her money until this debt is solved tell her to get a Money card....she can have her work check deposited on it...here is the link to information on money cards https://web1.greendotonline.com/Contents/Products.aspx

These cards can be a big help...

Hi Poorgirl,

Thanks for this link. I have been looking for such a money card for my son to carry without exposing me to any errors he might make.

Do you use this company? Are they good?

Thanks in advance,

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An update-

The attorney my sister-in-law consulted told her the NY attorney doesn't have to file a foreign judgement in FL because they are so called "sister-states". Can anyone confirm this?

I am thinking this attorney she spoke to may only want her to file the ch13 so he can make a buck. He may also be a moron.

Finally, could any of the experts support the filing of a foreign judgement and the FDCPA statute(s) requiring such a filing? Is there also a FL state statute requiring this? Any help would be greatly appreciated.

All the best-

CS

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To protect her money until this debt is solved tell her to get a Money card....she can have her work check deposited on it...here is the link to information on money cards https://web1.greendotonline.com/Contents/Products.aspx

These cards can be a big help...

Hi Poorgirl,

Thanks for this link. I have been looking for such a money card for my son to carry without exposing me to any errors he might make.

Do you use this company? Are they good?

Thanks in advance,

I did use the card in the past...and it was a great help and easy to use...I have two other friends that use those cards all the time and they love them...They are also great to shop with online or if you travel over seas...

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