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  #1  
Old 01-05-2006, 06:08 PM
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Join Date: Jan 2006
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Bank Account Frozen twice because of 8 year old debt bought by lawyers


New York City Girl...Commercebank

Seeking help from below or above!

Artist in the middle of trying to make an album,stuggling to pay rent,has lean on my mere 800.00 I was supposed to pay rent with last month...had to stop record and go work for wages.

This Law firm,Sharrin and Lipshie based in Long Island froze me about 8 months ago and demanded what I had in the bank and a monthly fee,which I was unable to fulfill,so they froze me again. At this juncture I can no longer pay rent and electric and phone...and I have no external support or assets for them to claim.

I recieved no notification from them to freeze my account.

My question is: Are they within their rights? I know they intitially (8 months ago) secured a court order and sent me court order statements which I did not recieve because I was out of town...but they had no notice to me this time. My phone number changed, but they did not send anything to my address.

Do I have any rights,or can I get my account back. I cannot afford payments to them at this time,nor do I have access to my 700.00

I would appreciate any input, Thank You,
  #2  
Old 01-05-2006, 06:19 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by Melissa Lubitz
New York City Girl...Commercebank

Seeking help from below or above!

Artist in the middle of trying to make an album,stuggling to pay rent,has lean on my mere 800.00 I was supposed to pay rent with last month...had to stop record and go work for wages.

This Law firm,Sharrin and Lipshie based in Long Island froze me about 8 months ago and demanded what I had in the bank and a monthly fee,which I was unable to fulfill,so they froze me again. At this juncture I can no longer pay rent and electric and phone...and I have no external support or assets for them to claim.

I recieved no notification from them to freeze my account.

My question is: Are they within their rights? I know they intitially (8 months ago) secured a court order and sent me court order statements which I did not recieve because I was out of town...but they had no notice to me this time. My phone number changed, but they did not send anything to my address.

Do I have any rights,or can I get my account back. I cannot afford payments to them at this time,nor do I have access to my 700.00

I would appreciate any input, Thank You,

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  #3  
Old 02-06-2008, 08:09 PM
Junior Member
 
Join Date: Feb 2008
Posts: 8
I am not a lawyer, but I can tell you my experience.

The collections lawyer put a lean on my and my husband's joint bank account. He had a debt in 1999, and there was a court in the same year. But my husband was not served properly about that court, and had no idea about that debt.

What we did was that we went to the court and filled out a Claim to show cause. It is a very simple procedure. The Judge signed this claim and scheduled the hearing. We mailed one copy of the claim to the lawyer, who put a lean, via certified mail with return receipt.

On the day of the hearing we arrived at the court, so did the collections lawyer. But there was no hearing at all. The Judge gave us a paper where it was written to release the money.

But even if the Judge did not release all the money on our account, that lawyer can not take all that you have, especially if you have a small amount of money. So, the collector's lawyer will have to arrange a settlement with you. To work out some payment plan.

Sorry for English. I am not a native speaker.
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