kris58 Posted April 10, 2007 Report Share Posted April 10, 2007 On friday, my bank called to me say that all my bank accounts have been frozen by a company called Credigy Receivables. My bank gave me phone number to call Credigy. I called and was told that, "I was issued a Chase Visa card in 1992 and that last payment was April 2000. They demand that I pay the balance of $3124.06 to Credigy with any and all money that I have. If I do not turn over the money in my bank accounts than they will send a Sheriff to my bank to collect my money." I have never heard of Credigy or ever had any contact with this company. Any help that you can give me will be most helpful. Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 10, 2007 Report Share Posted April 10, 2007 On friday, my bank called to me say that all my bank accounts have been frozen by a company called Credigy Receivables. My bank gave me phone number to call Credigy. I called and was told that, "I was issued a Chase Visa card in 1992 and that last payment was April 2000. They demand that I pay the balance of $3124.06 to Credigy with any and all money that I have. If I do not turn over the money in my bank accounts than they will send a Sheriff to my bank to collect my money." I have never heard of Credigy or ever had any contact with this company. Any help that you can give me will be most helpful.Were you ever served? Do you have a judgement against you? Link to comment Share on other sites More sharing options...
AISLE4 Posted April 10, 2007 Report Share Posted April 10, 2007 Your delinquent Chase account is beyond the statute of limitations for NY. You need to check your credit reports to see if they already have a judgement against you. You can also check the court in your county to see if there is a judgement against you. If no judgement, call them and go postal. Tell them to unfeeze now or you will sue. If they are in the process of suing and have managed to do a pre-trial feeze, you use the SOL as an absolute defense and make the bastards unfreeze. If they managed to get a judgement without you knowing about it, you need to find out how the summons was served and try to get the judgement vacated.I doubt they have won a default judgement against you. They would have used it to scare you into handing over $$$ when you called them. I'm betting it's a pre-trial freeze. You can make them go away. SOL is your best friend right now. They are counting on you having no clue about your rights...was just thinking some more about this. If the account is frozen, they don't have a judgement against you. If they did have a judgement they would have simply taken the money. Use the SOL to beat them over the head until they see stars. The statute of limitations in NY is 6 years. You passed that point in April of 2006. They must have frozen your account pre-trial. Don't give them a cent. Link to comment Share on other sites More sharing options...
kevin3344 Posted April 10, 2007 Report Share Posted April 10, 2007 (edited) You need a judgment before you can freeze someones account. Call the bank and ask them for a copy of the order from the court to freeze your account. I would hire a lawyer at this point.________Peachy Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
AISLE4 Posted April 10, 2007 Report Share Posted April 10, 2007 No, they don't need a judgement win to freeze an account. I believe NY allows pre-trial freezes. This account is beyond SOL. They are trying to scare you into paying before bothering with suing you, especially since they know it is beyond SOL. THEY told you the DOLA was April 2000. You have an absolute defense. They don't want to go to court. If they had a judgement win, your bank would have been calling to tell you that the account was SEIZED not FROZEN. Tell me if I'm wrong. Find out if they have a judgement against you. The language they used smells of trickery. The sheriff is coming to get your money? C'mon. And no mention of winning a default judgement when you called? That's the best leverage they have and would have been the first thing they told you. Link to comment Share on other sites More sharing options...
unusualsuspect Posted April 10, 2007 Report Share Posted April 10, 2007 No, they don't need a judgement win to freeze an account. I believe NY allows pre-trial freezes. This account is beyond SOL. They are trying to scare you into paying before bothering with suing you, especially since they know it is beyond SOL. THEY told you the DOLA was April 2000. You have an absolute defense. They don't want to go to court. If they had a judgement win, your bank would have been calling to tell you that the account was SEIZED not FROZEN. Tell me if I'm wrong. Find out if they have a judgement against you. The language they used smells of trickery. The sheriff is coming to get your money? C'mon. And no mention of winning a default judgement when you called? That's the best leverage they have and would have been the first thing they told you.The only way to freeze an account is with an ex-parte hearing (not too many states allow this though). Also, is there any sort of judgment against you... you need to check. This whole situation smells fishy... Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 11, 2007 Report Share Posted April 11, 2007 The only way to freeze an account is with an ex-parte hearing (not too many states allow this though). Also, is there any sort of judgment against you... you need to check. This whole situation smells fishy...I agree Link to comment Share on other sites More sharing options...
kevin3344 Posted April 11, 2007 Report Share Posted April 11, 2007 (edited) In order to file a motion to freeze your account they will need to provide enough information to the court so that the court feels they would win a judgment against you...if they haven't already. You need to act fast here; I would hire a lawyer to challenge the motion. As mentioned the SOL has expired, so you have a defense.________FantasticDoll cam Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
kris58 Posted April 11, 2007 Author Report Share Posted April 11, 2007 Thank you all VERY much for your replies with help. I did find out what court, this company, did a judgement against me and got a copy all all court papers. The summon was "taped FOUR times to the front door" of an address that I have not lived at in three years! I got a statement from my landlord to prove that I didn't even live at the other address when papers were "served" to me.The bank did tell me my accounts were frozen not seized. I did get a copy of this judgement from them. My banks legal department told me to file a "Motion and Declaration to vacate Judgement" and state that I was not properly served plus the SOL has expired. Thanks again for all your advice and help. Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted April 11, 2007 Report Share Posted April 11, 2007 Let me just say your bank gave you good advice and kudos to them!Good luck, and keep us posted! Link to comment Share on other sites More sharing options...
flythai834 Posted July 24, 2007 Report Share Posted July 24, 2007 i know this is an old post, but doing some research under frozen bank accounts. i must say, i live in ny had a judgment against me bank in 99, creditor american express. i live in a state where proper service, is to mail or post, tape, throw, thrash, etc., anyway, they won the judgment because i was never served. i have not paid on this debt and it thankfully doesnt show up on my credit reports. i dont know why, i dont want to know why. anyway, i have had chase freeze my bank account years ago for this debt. after a year i just closed the account. a couple years later citibank froze they account, after a year i forgot to close the account so citibank froze it again for a year (i have to close this account). i just got a letter in the mail that now my wamu account has been frozen. now reading these past posts, someone had mentioned that if there were truly a judgment, then the letter the bank sends would state "seized" not "frozen," well, in my case my letter states "frozen," am i missing something here. i do know in fact that i have this judgment. american express was they one that sued and won the judgment, but mitchell n. kay are the ca's that are sending out restraining orders to the bank accounts in my name that have been frozen. can they collect on this? any answers are apprecitated. thanks. Link to comment Share on other sites More sharing options...
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