Income Execution

[brinais2sweet]

What is the name of your state? New York

I received a notice from a Marshall of the City of New York informing me that a judgement has been entered against me. A Income Execution notice was also included. The notice read:

Judgement creditors: New Century Financial Services, Inc. Assignee of: Cross Country Bank.

I remember having an account with Cross Country Bank some years ago. It is possible that the entire bill was not paid. The notice also includes my employer, weekly wages and a request for me to remit 10% of my gross salary, stating that if I fail to do so this income Execution will be served upon my employer. I was caught completely by surprise by this notice. Should I have been notified before receiving such a notice. This is the first time I am receiving anything in regards to this debt. Can someone explain to me what is going on? Why have I not had the opportunity to settle this in civil court?

[bb_wolfe]

I was caught completely by surprise by this notice.


_________-

No it didn't. You received MANY MANY MANY letters regarding this debt. You received phone calls regarding this debt. You received a hand-delivered summons regarding this debt. The court established a time for you to meet with the plaintiff regarding this debt.


Who do you think we are? If you think we're just a bunch of jacka$$es like you who can't (and haven't before) see through your little lie, then you need help.

Pay it and stop wasting our time.

[Ladynred]

BB - you're a jerk

NYC is NOTORIOUS for sewer service, nail and bail, in NY all they have to do is get a summons NEAR your residence and they will claim is was personally served !! There have been numerous cases recently on several boards from people in NYC with this exact tactic being pulled on them.

Writer - you were sued - they served a summons to SOMONE, somewhere and claimed you were personally served. You were supposed to file an Answer to the lawsuit within xx days and when you didn't, and didn't appear in court, they got a default judgment against you. Now they want your wages.

What you need to do now is call or go to the court house and get a copy of the judgment case file ASAP. In it is a proof of service which will tell when, where, how, and to whom the summons was served, including a description of the person if they even saw a live human at all. You may still have time to appeal the judgment, at least get the hearing you were entitled to had you been property served.

[Crazyhorse]

"It is possible that the entire bill was not paid."

RED FLAG.

It's their money... you had ample opportunity to pay it nicely.

[brinais2sweet]

Ladynred

Thanks for the information, I consulted with a law firm who gave me similar advice. I am taking a day off from work Monday to follow-up with civil court, hopefully they can explain this action being taken against me and inform me how this can be resolved.

BB and crazyhorse

Thanks for nothing. In the past I did run into a mishap of being unemployed where and was unable keep up with the payments of my debts but did make payment arrangements when I became employed. If this was bought to my attention I would have dealt with it as I did the others. I am trying to improve my credit not damage it. If this was bought to my attention I would not have wasted my or your time seeking advice. Again thanks for nothing.

Thanks again Ladynred, this website need more people like you who could give someone like myself guidance.

[bb_wolfe]

Originally posted by brinais2sweet

Thanks again Ladynred, this website need more people like you who could give someone like myself guidance. [/b]

Ladynred is a fine advisor, that's true.

However, she often misplaces credit advice for legal advice.

You came to a place for legal advice, not credit repair.

You're a deadbeat who doesn't pay their bills. You're a loser. You're what we call "sub-prime" in the lending business.

Next time, don't lie. You got the statements when you were employed but didn't get them when you were unemployed? Come on, don't think that we got through 8 years in school earning an BA, MBA, and JD because we were as dumb as you.

[azgrandpa]

bb_wolfe:

You should take a look at the FedEx comercial! I think they are talking about you!

New employee (MBA) at work first day, office manager needs another body to help catch up the days shipments, she grabs MBA but he says he can't do the shipping, she says it's easy..it's FedEx; he says...but you don't understand, I have an MBA; she says...Well in that case I'll have to show you how!

How about taking your personal judgements some place else? Some of us want to learn something besides how ignorant some people are!

[bb_wolfe]

Originally posted by azgrandpa
bb_wolfe:

Some of us want to learn something besides how ignorant some people are!

That's kind of tough with people like you around. The OP rec'd perfect advice from me. Too mad I wasn't able to charge him the $175/hour for it..

this i thought was a site for people to get some questions answered. to the people that are so rude , i wonder why you are even in this site, if you don't have a credit problem. hope bad luck never happens to you

[Crazyhorse]

so somehow I am wrong because I pay my bills and don't charge more than I can handle? if this is a crime then I am guilty.

[bigun]

There is the debt and, there is the collection of the debt. One has nothing to do with the other.
In this instance, the OP may well have a reason to get the judgment vacated and then, he may an SOL defense.

Also, the OP needs to do the following. Pull your credit reports and see if your current address is listed. If so, look at the inquiry section and see if the collection agency and/or the law firm that sued you made an inquiry prior to the lawsuit being filed. If so, you have an argument that they knew your correct address and purposely served you at an old address just so they could get a default judgment.

[bigun]

Brinia,

Your post rang a bell with me and I did some checking. Here'a link that may interest you:
[url]http://www.creditboards.com/phpBB2/viewtopic.php?t=19235&highlight=[/url]

This is a New York resident. Register at [url]www.creditboards.com[/url] and do a search for the screen name moblind. He has about 45 post many dealing with vacating judgments. You might update one of his threads for some help or, PM him via creditboards. He does work for a law firm and may have some suggestions. He's gotten it vacated and looks like he's turned around and filiing his own lawsuits.