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Can my out of state bank account be seized?

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Kev5n24

Junior Member
Back on 3/11/05 a small claims judgment was filed against me and my brother in the state of New York for back rent in the amount of $2023. At the time we had no idea what to do about it (still don't actually) but we knew we weren't guilty so we showed up to court only to be ignored though the whole legal process as we stood in front of the judges podium waiting our turn to speak. Not until the judge literally picked up his gavel and was ready slam it down and rule in favor of our landlord did I shout out something to the effect of, 'HEY! we paid our rent!' The judge stopped and said, 'oh you dispute the charges?' I couldn't believe it got this far before anyone asked us that! I went on to explain to the judge that at no time did I nor my brother sign a lease with the plaintiff. We we're subleasing from the nephew of the plaintiff and at no time did we sign a lease with him either. The judge was completely unaware of the fact that the landlord only had gotten a lease signed by his nephew and just put the whole thing off till we were both completely moved out of the place. Which we were the very next day. Long story short we paid the nephew the amount of rent verbally agreed on but he never paid his uncle. The judge still found us liable for the back rent though which I only found out about many months later when attempting to get a car loan. It showed up on my credit report. I disputed the charge through all three credit bureau's and it was taken off 2 of the three so I pretty much just wrote it off. Recently though they seized my brothers bank account. Luckily he only had $15 in it at the time. Due to back medical bills totaling over $14K my brother is about to file bankruptcy so he'll be in the clear from this matter after that. I on the other hand am not going to file bankruptcy and now live in the state of Nevada. I'm wondering if they can seize my bank account/assets too? I read something about they'd have to "obtain entry of a sister-state judgment" ( http://bankruptcy-law.freeadvice.com/collections/enforce_judgment.htm ) but I'm still confused... Would I get word of this before my bank account was seized?
So in short;
Can they seize my now out of state assets?
Will I get word before they do?
and how can I get this A-hole who wrongfully went after us when he should have gone after his nephew off my back now without money to afford a lawyer?
 


Cvillecpm

Senior Member
Probably - if judgement is recorded in NV (what is known as a foreign judgement since it was not awarded in NV), they can have officials in NV seize anything they can find....they will find you by running your credit report 2X a year and any new addresses will show up.

"Smart landlords" copy tenant's checks. When most people move, they don't change banks so knowing you had an account at BoA will alert them that you may still have an account at BoA in NV.....
 

Kev5n24

Junior Member
Ok well first off thank you for the reply. We never paid with checks, only cash. Me and my brother were (emphasis on past tense there) friends with the landlords nephew who was the one that let us move in to the house he was legally renting from his uncle. How they found my brothers bank account and seized it I don't know but I assume it wasn't that hard especially since he still lives in NY, the same state as all this took place.

Is running my credit report the only way they could find out about my bank account and car I'm paying for I'm worried they'll put a lean on? If so ill just sign up for one of those monitoring services that alert you whenever there is an inquiry on your credit to watch for if they do run it.
also...
As I stated before I got this judgment removed from 2 of the three credit bureau reports just by protesting it,.. can they still obtain the right to run my credit report for those 2 bureaus that there no longer on?
 
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moburkes

Senior Member
Your bank account info is not on your credit report. Just because the judgment has been removed from your credit report doesn't mean that the judgment is not valid. Your bank account is not safe, and no, you will not receive notice, since all that will do is give you time to remove your money, and not pay the debt that you owe.
 

Kev5n24

Junior Member
If ones banking info is not on ones credit report how did they obtain my brothers info and seize his bank account? (all be it only for $15)

since all that will do is give you time to remove your money, and not pay the debt that you owe.
Granted I know I'm a little touchy on this subject so take no offense to this but I do not "OWE" anything. Me and my brother paid our rent in full and were never late, the nephew spent it on drugs and didn't pay his uncle. Of course the uncle doesn't want to sue his own flesh and blood so thus why me and mine got railroaded...

I withdrew all my money from my bank account today,.. I'm thinking about getting an online only bank account like from ING. Or maybe use PayPal or something. Can they find out about/seize these as well?

and is there anything I can do to fight this now it being so late in the game?
 
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moburkes

Senior Member
Because they send lists to all the banks, and the banks pull the money out for them. Have you ever seen a copy of your credit report? You'll know that your banking information is NOT on there. Yes, ING and the other online banks do the same thing that brick & morter banks do - respond to requests to seize money.
 

Kev5n24

Junior Member
OK,.. but you don't have to give a SS# with paypal,.. so how would they know you have an account with them?
 

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