Lawyer say's tenant does not have to pay

[HomeGuru]

I live in New York. It has been 4 months now bank has not yet paid. There is no phone number to call there legal dept. All communication has to be done by fax. I have faxed them letters several times. No reply. How do I approach the court, are there certain forms which I have to summit to the court?

**A: you communicate via certified rrr mail, not by fax.

 

[JETX]

**A: you communicate via certified rrr mail, not by fax.

Not true my friend. Most states plus federal allow service or delivery by FAX.

 

[HomeGuru]

Not true my friend. Most states plus federal allow service or delivery by FAX.

**A: agreed, but my point was that if in 4 months the faxes draw no responses maybe certified rrr letters would be better.

 

[hidden]

Garnishment was for $883.00 bank sending check foe $155.00

I live in NY
Went to my branch office of the bank tenant has same bank, different branch. Garnishment was for 883.00. At the bank I was told that I was going to receive a check for $155.00. Even though she today had much more money in her account. I would have to file another judgment to garnish her account again within 90 days to receive and addition monies if they are available. The original papers were served on the bank May 19 2004, at that time I know she had the money in her account. Is there anything I can do to get my money from the bank because the bank dropped the ball and took so long to follow through or do I have to have new garnishment papers served?

 

[JETX]

Is there anything I can do to get my money from the bank because the bank dropped the ball and took so long to follow through or do I have to have new garnishment papers served?

Most state laws allow for recovery from the garnishee (bank) in the event that they screw up the process. Contact the court and ask them if your state allows for that (they might answer, might not).

 

[hidden]

Boy am I getting the run around.

I have asked a local judge about recovery from the garnishee, the bank, because they screwed up.He said he did not know. I asked the troll lady at the town court and she won't answer because she say's she not a lawyer. In the mean time I filed the second garnishment papers as the bank requested. Two weeks after the papers were filed I received a letter stating that there were no accounts for this person. I knew that was impossible since I had already received some money. I went to the bank they called the legal dept and I was told that there was a lot of people with the same name and I would need her Social Security number and address. I furnished that information, still nothing from the bank. I went back to the bank they called the legal dept again and now I am being told that after the first garnishment was filed that this person opened a joint account with her son and the bank cannot take the money out of the account. The said I would have to go back to court and have the judge sign some kind of order, they said it was called a turnabout order. I'm getting to the point that I don't know if I should believe them. What do I do now. I live in stupid town.

 

[HomeGuru]

I have asked a local judge about recovery from the garnishee, the bank, because they screwed up.He said he did not know. I asked the troll lady at the town court and she won't answer because she say's she not a lawyer. In the mean time I filed the second garnishment papers as the bank requested. Two weeks after the papers were filed I received a letter stating that there were no accounts for this person. I knew that was impossible since I had already received some money. I went to the bank they called the legal dept and I was told that there was a lot of people with the same name and I would need her Social Security number and address. I furnished that information, still nothing from the bank. I went back to the bank they called the legal dept again and now I am being told that after the first garnishment was filed that this person opened a joint account with her son and the bank cannot take the money out of the account. The said I would have to go back to court and have the judge sign some kind of order, they said it was called a turnabout order. I'm getting to the point that I don't know if I should believe them. What do I do now. I live in stupid town.

**A: then hire a smart attorney that works in stupid town.

 

[hidden]

Thank yo for all your help

I live in NY All has been resolved thank you for all the help outhere.I received my money. It took awile because the bank screwed up, lost paperwork to have the money taken out of her account and I had to file several times because of the 90 days period. She was so mad. Bet her lawyer had to hear it.