Debt Collector

[2213659]

What is the name of your state?What is the name of your state?NEW YORK
I HAD A AMEX CARD IN 1988 IN 1989 I DEFAULTED ON MY PAYMENTS I RECIEVED LETTERS THROUGHOUT THE YEARS FROM DEBT COLLECTORS I JUST IGNORED THEM HOPEING THEY WOULD GO AWAY,WELL HERE I AM 5/27/05 I GET A LETTER FROM ATTORNEY MITCHELL N KAY STATEING THEY WILL TAKE MY BANK ACCOUNT TO SATISFY A JUDGEMENT AGAINST ME,I NEVER RECIEVED A JUDGEMENT.THEY SENT ME COPIES OF INFORMATION SUBPOENA WITH RESTRAINING NOTICE TO 11 DIFFERENT BANKS,ON THE BOTTOM OF THE LETTER IT STATES THIS COMMUNICATION IS FROM A DEBT COLLECTOR,CAN THEY STILL PERSUE THIS AFTER ALL THIS TIME. THANK YOU

 

[Veronica1228]

What is the name of your state?What is the name of your state?NEW YORK
I HAD A AMEX CARD IN 1988 IN 1989 I DEFAULTED ON MY PAYMENTS I RECIEVED LETTERS THROUGHOUT THE YEARS FROM DEBT COLLECTORS I JUST IGNORED THEM HOPEING THEY WOULD GO AWAY,WELL HERE I AM 5/27/05 I GET A LETTER FROM ATTORNEY MITCHELL N KAY STATEING THEY WILL TAKE MY BANK ACCOUNT TO SATISFY A JUDGEMENT AGAINST ME,I NEVER RECIEVED A JUDGEMENT.THEY SENT ME COPIES OF INFORMATION SUBPOENA WITH RESTRAINING NOTICE TO 11 DIFFERENT BANKS,ON THE BOTTOM OF THE LETTER IT STATES THIS COMMUNICATION IS FROM A DEBT COLLECTOR,CAN THEY STILL PERSUE THIS AFTER ALL THIS TIME. THANK YOU

Please clarify few things. Did they actually obtain a judgement, or have they notified you that they are seeking a judgement? What did the notification say? Also, when was the last activity on this debt?

One last thing, please do not type in all caps. It is difficult to read and seems like you're shouting. Thanks.

 

[2213659]

it was a letter from the attorney notice to judgement debtor last activity was 7/12/89 .

 

[Veronica1228]

it was a letter from the attorney notice to judgement debtor last activity was 7/12/89 .

If it's a notice to Judgement then that sounds to me like they have not yet obtained one. New York has an SOL of 6 years on all debts so this can be your defense when you go to court. Make sure you go to court!!! If you don't show up they WILL win and then they will garnish your wages or levy your bank account.

 

[2213659]

should i contact the attorneyor should i wait to hear from him? thanks again

 

[Veronica1228]

should i contact the attorneyor should i wait to hear from him? thanks again

I'm not sure why you would want to contact the attorney. The main thing is to make sure you know when and where to go to court to fight this. You don't want to go by what the attorney for the CA tells you because they lie. It should all be in the notice for judgement. If it isn't contact the courthouse where the case is to confirm this info.

Good luck.

 

[Ladynred]

If the lawyer has sent an information subpoena, then there's a real good chance there is ALREADY a judgment against you. You would have been served a summons at some point in time, but service in NY can be spotty at best, all they HAVE to do is tape the summons to your door.. or near your door, and its considered served. They would , however, have to MAIL you a copy of the same summons and complaint.

I suggest you call the courthouse 1st thing Tuesday morning and ask the court clerk if there are any judgments filed against you. If you've moved since 1989, then you should also call the county courthouse where you USED to live and ask them too.

IF there IS a judgment filed, you MUST answer that information subpoena, you could be arrested if you ignore it as you would be in contempt of court.

You should also know that judgments in NY are good for 10 years and are renewable for an additional 10 for a total of 20 years.

 

[2213659]

thank you for your reply i spoke to my husband he said there was a summons in 1989 but he did not tell me about it i know that does not make a difference anyway i would like to know if they did not renew after 10 years can they renew the summons now.

 

[Ladynred]

If a judgment was rendered in 1989, then it would have to have been renewed in 1999. If it was NOT renewed in '99, then there would be no way to enforce that judgment now. It really is imperative that you call the courthouse first thing Tuesday morning and find out exactly what the status of this judgment is. If it was renewed, you're stuck.

 

[2213659]

i am going to the court on tuesday morning, thank you so much for your advice.

 

[2213659]

i went to court today and i was told there are no judgements against me,the clerk told me judgements are good for 20yrs if they are then why doesn't my name come up in the system,he said a judgement in 1989 would not be in the computer,now i am even more confused,i anyone can give me some advice i would appreicate it.

 

[Ladynred]

Interesting. Did the clerk say whether or not the records from 1989 were archived or not ? How can he be so sure there are no valid judgments against you just because its not in his/her computer ??

 

[2213659]

there was no one to check i will go back tomorrow to find out if it is archived.thank you

 

[2213659]

i went to court today an found out it was archived,now do i just ignore the letters from the attorney or do i answer them, also can they freeze my checking account as it states in the letter or are they trying to use scare tactics?
thank you

 

[Ladynred]

Ok, the files are archived. Did they tell you that means its no longer enforceable ? I would presume if its not in their current files, that it was NOT renewed in 1999. In which case, the judgment is DOA and there's nothing they can do to revive it at this point.