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  1. #1
    smilee922 is offline Junior Member
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    Unhappy Scared to open bank account HELP!!

    What is the name of your state? NEW YORK

    I live in new york city, and I just started a new job that only pays through direct deposit. I have a judgement against me and I'm worried that they might garnish my account. The problem is I'm having a hard time getting the contact information for the creditor, or else I would call and arrange a payment with them. Is there ant type of account that I can open that would be exempt from the creditors? Any Advice?
  2. #2
    CO19 is offline Member
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    Quote Originally Posted by smilee922
    What is the name of your state? NEW YORK
    The problem is I'm having a hard time getting the contact information for the creditor, or else I would call and arrange a payment with them. Is there ant type of account that I can open that would be exempt from the creditors? Any Advice?
    Contact the court for the creditor contact information and satisfy the judgment if you aren't willing to risk garnishment.
  3. #3
    shell007 Guest
    How have you been making the payments up to now?
  4. #4
    smilee922 is offline Junior Member
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    I haven't made any payments , because i was considering filing for bankruptcy. Also, how could they have filed a suit in court if I was never served with papers?
  5. #5
    Leinalani is offline Member
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    Quote Originally Posted by smilee922
    I haven't made any payments , because i was considering filing for bankruptcy. Also, how could they have filed a suit in court if I was never served with papers?
    Anyone can file whatever they want. I think you're question is, "How could they get a judgement against you in court without you being served?"

    If that's your question, the answer could be as simple as they did serve you papers (according to court regulated procedure) and you just didn't get it. I've seen it happen a few times.

    The fact remains that they have a judgement against you for whatever amount and creditors are notorious for trying EVERYTHING to get their money back.

    Contact the court and get the contact info from them on how to reach your creditor. Then contact them and set-up a payment plan. AND GET IT IN WRITING or else they could still potentially go after your bank accounts, garnish your wages through your employer or put leins on anything you own even if they verbally made some kind of a payment schedule with you.

    So basically what i'm saying is take care of the judgement. I don't know of any checking/savings account that would be exempt from a levy or lein.
  6. #6
    Veronica1228 is offline Senior Member
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    Quote Originally Posted by Leinalani
    Anyone can file whatever they want. I think you're question is, "How could they get a judgement against you in court without you being served?"

    If that's your question, the answer could be as simple as they did serve you papers (according to court regulated procedure) and you just didn't get it. I've seen it happen a few times.

    The fact remains that they have a judgement against you for whatever amount and creditors are notorious for trying EVERYTHING to get their money back.

    Contact the court and get the contact info from them on how to reach your creditor. Then contact them and set-up a payment plan. AND GET IT IN WRITING or else they could still potentially go after your bank accounts, garnish your wages through your employer or put leins on anything you own even if they verbally made some kind of a payment schedule with you.

    So basically what i'm saying is take care of the judgement. I don't know of any checking/savings account that would be exempt from a levy or lein.
    What are you talking about? First of all, bank accounts are levied or garnished. You do not have a lein placed against an account. Secondly. do you really think an agreement in writing from the creditor or CA is going to supercede a court ordered judgment? No matter what is put in writing, the CA has that judgment and they are legally entitled to enforce and use it.

    No measly piece of paper from an Administrative Assistant at the CA is going to effect that. It's not an automatic out anyway.
  7. #7
    Leinalani is offline Member
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    Quote Originally Posted by Veronica1228
    What are you talking about? First of all, bank accounts are levied or garnished. You do not have a lein placed against an account. Secondly. do you really think an agreement in writing from the creditor or CA is going to supercede a court ordered judgment? No matter what is put in writing, the CA has that judgment and they are legally entitled to enforce and use it.

    No measly piece of paper from an Administrative Assistant at the CA is going to effect that. It's not an automatic out anyway.
    Thanks for correcting me on my legal terms. I wasn't too sure about the lein, levy thing.

    As for the agreement. What I meant by that was that if he does come to a decision with the CA as to a payment plan for the judgement amount, get it in writing so that he can say that he is paying off his debt (whatever amount that's on the judgement) should the CA come back to the courts and start paperwork on garnishing his bank account. I did not mean that he work out another settlement amount with the CA to superscede the judgement, just a IF he works out a payment schedule with the CA to get THAT in writing from them stating that he is paying off his judgement. Does that make sense?
  8. #8
    Chien is offline Senior Member
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    IF he works out a payment schedule with the CA to get THAT in writing from them stating that he is paying off his judgement. Does that make sense?
    In part. While we juggle terms, what the OP really needs is a Stipulation signed by the parties and subject to enforcement. It would have to have mutual promises. The OP promises to pay $X on the Y of each week/month, and the judgment creditor promises to take no enforcement measures, so long as payments are timely. In the event of default, they can promptly and without notice enforce by any and all means. They can do that anyway, which is the reason I don't expect that they'll give him a Stipulation, but he can try.

    He needs their cooperation, because the only accounts that are arguably as safe as he wants are very well-hidden accounts. Savings and checking accounts aren't exempt; the contents may be.

    One thing seems to have been overlooked and that's, if there is contact with the judgment creditor, there should be no mention of the new job or wage garnishment becomes an additional possibility.
  9. #9
    Leinalani is offline Member
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    Quote Originally Posted by Chien
    In part. While we juggle terms, what the OP really needs is a Stipulation signed by the parties and subject to enforcement. It would have to have mutual promises. The OP promises to pay $X on the Y of each week/month, and the judgment creditor promises to take no enforcement measures, so long as payments are timely. In the event of default, they can promptly and without notice enforce by any and all means. They can do that anyway, which is the reason I don't expect that they'll give him a Stipulation, but he can try.
    Ah...see now that's what I was talking about...=)
  10. #10
    Chien is offline Senior Member
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    Ah...see now that's what I was talking about...=)
    So, next time, you'll have it when you when you need it. You were right: the OP needs an agreement, but he needs a mutually binding agreement that *allows* him at the same time it *prohibits* them. It's done all the time, but he should understand what he's looking for. He should get it from their attorney and he should deal with and through the attorney. Without that kind of relation, he runs the risk that they'll *backdoor* him as soon as they find a good asset source.

    Sorry, I don't do emoticons. It's the botox.

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