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Please help! Stranger took money and I'm having a hard time getting it back!

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red magnolia

Junior Member
What is the name of your state (only U.S. law)? NYC

I am here to ask for advice on what to do regarding my case that has been active since 2007.

In 2007, my bank accounts were suddenly frozen due to a judgement that was held against me. This came to me as a shock as I had no idea what was happening. I called the court where the judgement was reached and a representative informed me that the decision was reached in 2003 and since I did not appear at court at that time, the case was defaulted and the plaintiff was awarded. She also provided me information regarding who was the plaintiff. I did not know what was going on and I do not know the opposite party.

A few weeks later, still chasing for an answer to what was going on, the amount for the judgement was taken out of my bank account. My bank informed me that the money was taken out by the marshal. When I called the marshal, I was told to contact the plaintiff's attorney. However, when I contacted the plaintiff's attorney they told me to contact the plaintiff.

I hired an attorney who got the case vacated in 2008 . This "unknown person" said that this was originally a car accident and that she already got the money from her car insurance company. The person that she sued had the same name as me but lives at a different address. I do not know to this day how she and her "ex-attorney" obtained my address (which is nothing similar to the person she sued) nor my Social Security number. In the vacated judgement, the judge mentioned in his decision that my bank accounts are to be restored and all marshal fees are to be reimbursed. Unfortunately the attorney that I hired did not seem to be knowledgeable. He was obviously unprepared for the case and forgot important documents on the date of the hearing. At the hearing, he barely spoke and was inarticulate. Seeing how irresponsible he was, I did not ask for him to continue his services.

I have tried to ask for this money back from the "unknown person" and her attorney, marshal, and bank. The "unknown person" insists that she has received nothing. However, I find that suspicious. If she has received all the money from her insurance company, why would she hire an attorney? Why did she not inform the court to close her case if her claim was already settled? It seems to me that she is doing this to receive more money. As for her "ex-attorney, "I have called and written to his office requesting for the money back but I have heard nothing since 2008.

I filed a claim against this "unknown person" in 2008 to try to get my money back and I am still waiting for my case to be heard by a judge. The last time I was at court, the case reached a court attorney who informed me that I need to file a case against the stranger's ex-attorney. She told me that unfortunately, this is a very common situation in which money is taken from a wrong person. When I tried to file a case against this mysterious attorney, I was not allowed because the attorney is NOT within the 5 boroughs of New York.

I went to a few law firms seeking help and all of them turned me down. They did not even offer me any advice on what to do. In fact, more than one law firm has told me that I should give up and suck up the loss. I also tried to go to the attorney at the court and none of them could give me any legal advice because they have to "remain unbias."

I am at a dead-end. It is extremely unfair to have almost $2000 taken away by someone who is a complete stranger! Can someone please provide any advice on what I can do?

Thank you.
 


Betty

Senior Member
It was "unfair" that this happened to you. However, I don't know what else you might do & at this late date. It seems you did about all you could/can do.
 

BL

Senior Member
Depending on the actions and if those actions kept the case alive within the SOL , you could name both the plaintiff and the Attorney . Surely the marshal should know who collected the judgment.
 

Betty

Senior Member
The OP can keep trying but it seems OP already tried getting money back from plaintiff (unknown person) & the attorney + information from the marshal all w/o positive results since 2007.
 

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