Debt validation

[EPIETK11]

New York
6/1/08

A bank restraining order last week is first communication from Wolposs & Abramson-attorneys for a debt I am unfamiliar with dated 2002. I requested copy of "all files" from CA after requisitioning same from Municipal Records (which has an 8-week backlog for old, offsite-archived files). CA only responded with Index No. and referencing no amount, saying they bought debt from another company who has files. Previous conversation with CA only yielded higher amount than stated on original bank restraint. Without files, I was told by City Clerk that no judge would entertain motion to show cause or affadavit of service. In the meantime, how do I stop further action? Any friendly direction or options - preferably to consumer-advocate attorney in New York City - are welcomed.What is the name of your state?

[Debt Guy]

To locate a consumer rights attorney try the National Association of Consumer Advocates -- [url]www.naca.org[/url].

Your post is a little unclear. It seems that your bank account has been levied as the result of a judgment. You indicate that you know nothing about this judgment.

Locating and reviewing the judgment file is critical to a determination whether service was or was not proper. If you determine that service was not proper, you might be able to file a motion to vacate the judgment. I say might because most states have a deadline for when such a motion must be filed. My guess is that you are beyond the deadline.

No judge is going to issue a stay for the levy without a good reason.

I suggest you get on the phone with the attorney for the plaintiff and start asking questions. They have the information on the original debt. I don't expect they will be sending you documents but they will have enough information to help you recall the debt.

If you determine the debt is not yours, you really are going to need an attorney to navigate the legal system. If you determine the debt is yours, you might as well just pay it and get it behind you.

[EPIETK11]

I did locate attorney from your source as I believe judgment violated due process right as I never received it and am awaiting requested NYC archived files.

[Debt Guy]

That is exactly why you need an attorney. New York has very loose standards for service of process. You should understand this sounds like an uphill battle.

[EPIETK11]

Debt Guy -

First attorney who contacted me last night suggested filing bankruptcy, so I consulted another attorney this evening who immediately recommended filing Show Cause motion to vacate judgment for her $750 fee. Her rationale being that, since Plaintiff bought debt from Original Creditor and at least 2-3 others (which plaintiff attorney told me in telephone conversation last week when I requested files), her experience shows that they can’t produce them.

If I can obtain files, can’t Plaintiff as well?

City Clerk told me last week that no judge will consider that motion without any files, so I will await Plaintiff next step.

You guessed that I was beyond deadline to file vacate motion, so I hesitated contracting attorney when she didn't mention - and I forgot to ask - deadline to file, then ended consultation saying “you should at least file pro se motion yourself”. Still in limbo as I’m awaiting files from municipal records archives expected in (5) weeks and unsure of my next step.

Your considered response yesterday seemed to cover several areas and any further suggestions are appreciated.

Thank you, again.