ItsMeee Posted January 26, 2012 Report Share Posted January 26, 2012 I need some guidance so I know how to proceed. I have not lived in NY or anywhere remotely close to there for about a decade. Apparently I was served in NY. I've looked up Mel harris and am very aware of the practices they use. I just don't know what to do in my situation. If NY I'd assume I could go to the court.At this point one bank account is frozen. Anything sent to NY would not be received obviously. I'm not just going to call them and make a payment. If I have to fly to NY or whatever is needed I'll do it. I just need somewhere to start? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 26, 2012 Report Share Posted January 26, 2012 I just don't know what to do in my situation.Well what's your situation? Your post talked about flying to NY, making payments and frozen accounts. How about a little background? Link to comment Share on other sites More sharing options...
ItsMeee Posted January 26, 2012 Author Report Share Posted January 26, 2012 By situation I meant the hold being placed on my account, me never actually being served, and being nowhere near NY where I was supposedly served.I will contact them tomorrow and get all the details for the case. As far as payment I'm not willing to just give up.I have to have some rights, and am willing to fight. I'm looking for a starting place on this process. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 26, 2012 Report Share Posted January 26, 2012 Research motion to vacate for improper service. Be careful though, there are some pretty crazy ways that service can be considered proper. Link to comment Share on other sites More sharing options...
ItsMeee Posted January 26, 2012 Author Report Share Posted January 26, 2012 I contacted mel harris and see that the referencing case is not from this year. They asked me to provide an invoice showing that I didn't live in NY prior to the date I was supposedly served. If I do so I was told they would remove the hold on my account. I can provide the requested. Is this advisable? In my brief search I did see this as being done before. I also monitor my credit and this court record is not listed. Would've assumed it would've showed up as unpaid being it's dated some time ago. As far as motion to vacate. I have been reading on this since you posted last night. Thanks. After I've seen about a motion to dismiss should the vacate be granted. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted January 26, 2012 Report Share Posted January 26, 2012 You don't do a motion to vacate in NY. You request a judgment to be vacated via Order to Show Cause. It is annoying, because you will have to fly to NY and have to wait in the Court you were sued in for the judge to sign the order.Or, you can hire an attorney in NY to do it for you. If your bank account is frozen in NY - you do have some means because banks in NY can't be frozen unless there is at least $1800 in them. Link to comment Share on other sites More sharing options...
ItsMeee Posted January 26, 2012 Author Report Share Posted January 26, 2012 As far as the invoice they asked me to show reflecting that I didn't live in NY at the time I was "served" to take hold off account. Is that a good idea? Link to comment Share on other sites More sharing options...
legaleagle Posted January 26, 2012 Report Share Posted January 26, 2012 Is the bank account they froze in NY? You haven't lived there in ten years, why have an account there? Usually they get a judgment and empty the account, they don't freeze it. Maybe they don't have a judgment yet? More info needed. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted January 26, 2012 Report Share Posted January 26, 2012 Definitely have a judgment, bank accounts can't be frozen without one. To empty an account the attorney has to hire a levying officer such as a sheriff or marshall to execute on the property (bank account). Sometimes the balance inside of the account does not justify the expense of hiring a marshall or sheriff to levy the account. Link to comment Share on other sites More sharing options...
legaleagle Posted January 26, 2012 Report Share Posted January 26, 2012 1800 minimum as you say? Can't cost that much for a marshall. If it does, I'm in the wrong business. Link to comment Share on other sites More sharing options...
lbcmtony Posted January 28, 2012 Report Share Posted January 28, 2012 (edited) About a few weeks ago I had my account levied also by this firm. Becareful what you write on the internet. Never use exact numbers it could incriminate you. I singed up to let you know what I have gone through over the past few weeks. I know I wish I had someone to help me a few weeks ago. First off Mel Harris is a debt buyer. They bought your debt from a creditor, and have added a ton of money in interest and fees. They have a default judgment against you. It is the only way they can freeze an account.You need to do an order to show cause to vacate the judgment. Your defense is improper service. Mel Harris lost a lawsuit for sewer servicing about a year ago. They are known for not playing buy the rules.Once you have vacated the judgment you will then have to go to court, and let the judge now you were not served according to the law. Depending on which county it was in NY a lot of these court houses have free legal help and they will help you fill out the papers, and tell you what your best approach is.A lot of times you can get the levy removed and have the whole debt dismissed, but I am not going to lie. Its going to take some time, and you may have to fly back and forth. It will be harder to settle with them now that it is in a legal status and they are holding your money.A couple of options after improper service will be discovery or traverse hearing. Discovery is basically telling the judge to explain how they came to the amount you owe. They have four months and a lot of times cannot provide these documents.A traverse hearing is when you can summon the processor to come to court ( the guy who supposedly served you) testify that he did ( you must get a copy of his record to find out what kind of person you are dealing with). From what I was told most times these people do not show up.If you have the time and the amount is very large like in my case it is worth fighting! Good luck! Edited January 28, 2012 by lbcmtony Link to comment Share on other sites More sharing options...
lbcmtony Posted January 28, 2012 Report Share Posted January 28, 2012 BTW i spoke with an attorney and they wanted 2500 lolEven the free legal help attorneys laughed. Link to comment Share on other sites More sharing options...
legaleagle Posted January 28, 2012 Report Share Posted January 28, 2012 Know anybody in NY you trust? Look into power of attorney, maybe that would allow them to file the paperwork for you. Link to comment Share on other sites More sharing options...
lbcmtony Posted February 5, 2012 Report Share Posted February 5, 2012 (646) 290-5600this is a law firm i came across on the net that has had dealings with this law firmI know nothing about them so please do your do diligence Link to comment Share on other sites More sharing options...
chiquita55 Posted February 5, 2012 Report Share Posted February 5, 2012 No one addressed giving them the info they are looking for to release your account...Do you owe them more $$ or is the judgement for more $$ than is in that bank acct they have frozen?if so I would not give them the info about where you are now because they may go after other bank accts or assets you may have where you are now and it gives them more info to find more assets. If your proof is in a place that you have moved from and there is nothing for them to get there then I may give them the proof they are asking for. Link to comment Share on other sites More sharing options...
oscar28 Posted September 26, 2012 Report Share Posted September 26, 2012 Hello everybodyI desperate need your help. I was a student in the US 10 years ago, when I left.I left suddenly for some family reasons and I leve a debt amount of around $3000 in a card. I just came back 5 months ago and moved to New York. Even though i didn't receive a notice today my bank account was put ahold for double the above amount and I am actually with no money whatsoever. I called the bank they told me is Mel Harris, same company. A little detail, i never moved to new york before, but before leaving the country i was about to so i had registered a address at the time in new york for my mail etc. What can I do?I am desperate. I have $10. I called them nobody is responding. Is there a way I can make a settlement and starting paying them off monthly? If they had called me since I have been back, I wouldnt mind making monthly payment...but nobody did and i thought the debt is over after some years or so. anyways..that was my irresponsibilty and i learned my leseeon well. If you can advice me it will me a lot since i am very desperate. thank you Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 26, 2012 Report Share Posted September 26, 2012 start your own thread... but you will want to go down to the court and get an order to show cause. Link to comment Share on other sites More sharing options...
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