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Please Help..The bank is holding my money from unknown default Judgement

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Bigal115

Junior Member
What is the name of your state? NY

I had opened up a credit card about 5 years ago for my ex wife and everything was fine. Well about a Year and a half ago, at age 60, I had an accident that left me pretty injured (compound fracture to femor and elbow and broke my hip) well i accumulated alot of medical bills but my CC's were always payed off...Well I wasn't able to work for about year...so i was using my pension fund to pay expenses ...one day I got a letter from my bank and they said that they were holding $6,400 from my account because of a default Judgement(the Judgement was in the amount of $3,200, so they were holding double... It turns out that it was the CC I opened for my ex ..well we don't talk anymore ... So I called up the credit agency (btw, I nevere got a call from them or received a letter from them about this debt) and tried to work out a payment arrangement but the woman on the phone told me to get an attorney and she would consider an arrangement... well my attorney sucks ..he doesn't call me back... the woman from the CA won't talk to me after I got the attorney(policy) I can't afford anything right now ..all I want is to either vacate the Judgement or make payment arrangements ( I need to pay back my mpension loan)...I went to the court and they said I need a valid defense to the original complaint ....Please help...BTW I was never served, they said they went to an address, which was my son's office and left paper work there, which they never did....
 


JETX

Senior Member
Bigal115 said:
I had opened up a credit card about 5 years ago for my ex wife
First mistake.

btw, I nevere got a call from them or received a letter from them about this debt
Not required.

all I want is to either vacate the Judgement
The ONLY way you can even start to do that is if you can PROVE to the court that you:
1) Were not served properly of the lawsuit, or
2) You are not the person named IN the lawsuit.
To do either of those, you will have to contact the court and review the file.

or make payment arrangements
Too late for that. They already have your money.... in full. Why would they now settle for payments??

I need to pay back my mpension loan
You can simply allow them to take the part that is owed and release the rest... and use that to repay your loan.

BTW I was never served
When did you give them your CURRENT address?

they said they went to an address, which was my son's office and left paper work there, which they never did....
You can't rely on rumor or suspicions. You MUST get a copy of the 'notice of service' and see what service was ACTUALLY made. Then determine if the service was in accordance with your state laws/rules.

Here are the service 'rules' for NY:
Rule 308. Personal service upon a natural person. Personal service upon a natural person shall be made by any of the following methods:
1. by delivering the summons within the state to the person to be served; or
2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; or
3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
5. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.
6. For purposes of this section, "actual place of business" shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.


Also:
Rule 312-a. Personal service by mail.
(a) Service. As an alternative to the methods of personal service authorized by section 307, 308, 310, 311 or 312 of this article, a summons and complaint, or summons and notice, or notice of petition and petition may be served by the plaintiff or any other person by mailing to the person or entity to be served, by first class mail, postage prepaid, a copy of the summons and complaint, or summons and notice or notice of petition and petition, together with two copies of a statement of service by mail and acknowledgement of receipt in the form set forth in subdivision (d) of this section, with a return envelope, postage prepaid, addressed to the sender.
 

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