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  #1  
Old 08-29-2009, 10:32 AM
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Unhappy

Frozen Bank Accounts by Mel Harris


I am in NY. A debt collector law firm, Mel Harris has frozen my bank accounts due to a credit card debt I owe. I spoke with them and mentioned that in order to release the holds, they need bank statements and the letter from my mortgage company that states that I am in warning of a potential foreclosure(we are in modification plans).
They said because of the possible foreclosure they can release the hold and we will need to make arrangements to pay. I agreed to talk about a payment arrangement in the next phone call. My question is could they have lied to me and will take the money that is in the bank now instead of letting me pay them off?
ALSO...I did recieve subpenas, but they had old dates that I didn't recognize, as if I had gotten a subpena before(which I didn't) and they had no court dates or locations.
Did they have the proper judgements to freeze the accounts? Do I have grounds to vacate the judgement? What is involved? I know in the end, I need to pay off this debt, but my concern today is to get the bank unfrozen. The money in the bank is my mortgage payment that is crucial to preventing the foreclosure procedings.
Please help
  #2  
Old 08-29-2009, 11:16 AM
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Join Date: Jul 2009
Location: Tauro Law School
Posts: 257
Quote:
Originally Posted by amyd View Post
I am in NY. A debt collector law firm, Mel Harris has frozen my bank accounts due to a credit card debt I owe. I spoke with them and mentioned that in order to release the holds, they need bank statements and the letter from my mortgage company that states that I am in warning of a potential foreclosure(we are in modification plans).
Wow, this is them being really really nice to you.


Quote:
Originally Posted by amyd View Post
They said because of the possible foreclosure they can release the hold and we will need to make arrangements to pay. I agreed to talk about a payment arrangement in the next phone call. My question is could they have lied to me and will take the money that is in the bank now instead of letting me pay them off?
Well put it this way, if it was the firm I work for that froze your bank you could kiss that money goodbye. So I would get them whatever documentation they need immediately.


Quote:
Originally Posted by amyd View Post
ALSO...I did recieve subpenas, but they had old dates that I didn't recognize, as if I had gotten a subpena before(which I didn't) and they had no court dates or locations.
You really should NOT have ignored these. There are no court dates listed on a summons and complaint in NY, you have X amount of days depending on how you were served to file an answer with the court and mail a copy to the plaintiffs attorney (which is always located on the top left side above the caption)

Quote:
Originally Posted by amyd View Post
Did they have the proper judgements to freeze the accounts?
Sounds like it.

Quote:
Originally Posted by amyd View Post
Do I have grounds to vacate the judgement?
You were served with a summons, and you do not have a defense so I would say no you do not have grounds.
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