Mel Harris and Associates

[fireup]

What is the name of your state? NY
Like many people, I discovered that I have a judgment against me from MHA when my checking account was frozen. After many phone calls, I found out that MHA had a default judgment awarded because I never showed. It was sent to an old address that I moved 10 years ago. I immediately file for vacant the judgment because I was not served plus I never opened the account or owed the money. It did not even on my credit reports. Now I have to wait for my date in court while my account is still frozen. Add insult to the injury, my bank charged me $100+ for process the restraining notice, then bounced my check and charge me another $25 dollars, even though I have more than enough money to cover it. While I could not touch the money, the bank could and promptly took the money out of the checking account. My questions are, 1) Will the proof that I have not lived at the old address for many years enough to vacate the judgment? 2)after I have the judgment dismissed, how can I force MHA to send me proof of the debt. 3) Can the bank frozen my account even the first name on the restraining notice to the bank is wrong? (right SS#) 4) Can I sued the bank and MHA to get back my money?
p.s. I was a victim of ID theft but I never file a police report because all past banks and collection agents concluded that they were not mine.

[annajosie]

Mel Harris group are a bunch of scum. Just do a google search on them and you'll see what I mean.

I have no answers for you, but I do know that they freeze banks accounts whenever they can. From what I've read about them, they are under the bottom of the barrel.

good luck to you

[Debt Guy]

1) Will the proof that I have not lived at the old address for many years enough to vacate the judgment?

Probably not. State law has provisions for what constitutes valid service. You will need to research NY law to see what the requirements are. Most states have a provision for accomplishing service by mailing to the last known address or by publishing in a legal notice.

2)after I have the judgment dismissed, how can I force MHA to send me proof of the debt.

The only time you can force them to give you "proof" is in the courtroom during the discovery phase of your response when they sue you again. Even then, the judge has the final say on what they must provide.

3) Can the bank frozen my account even the first name on the restraining notice to the bank is wrong? (right SS#)

Yes. This is not the fault of the bank. They are merely complying with the order of the court. They don't get a vote.

4) Can I sued the bank and MHA to get back my money?

Well, you can sue anyone for anything. Suing the bank is, in my opinion, not appropriate. It is not so much a case of suing as filing a motion to vacate the judgment and a motion for the court to order the refund of money. This does not happen quickly.

You really should have filed that police report. It would be really handy right about now.

[fireup]

Thanks annajosie for support and Debt guy for your advice.

All my past ID theft problems occurred from another state. I am 99.9% certain so is this one. I do not how could they find this old address but not my current one. They also got my SS# in which I am pretty sure they could get a copy of my credit report and find my current address.
According to the brief information they gave me over the phone, this was a credit card account, and I co-signed for it. My name appeared not on the first but second on the paper. I definitely did not co-signed for a credit card or any debt. The name was not even spell right. That is why I want to see the original contract. The person whose name appeared on top of mine told me he never apply for anything. I believe him because he does not read and speak English at all. Right now, I am still waiting for MHA to send me the information on when, where, who, what of the debt, and I guess when Cub win the world series, it will show up.
File a motion for the court to order the refund of money? I never know that, thanks. Debt guy, you are right maybe I should file a police report but I did not know any better at the time. I sent in all the information and swore statements to the collection agency and bank, and somehow, they concluded that I was not responsible for the debt. Those letters they sent me, I still have them; hopefully, those will help me to support my case.