losing by default

[jezibel68]

In NY State, a small claims court ruled against my case due to a postponement letter I had faxed to the court & was then lost by the court.The other party won by default, since I had not appeared due to medical reasons.I was told I had 30 days to file an order to vacate judgement.Before the 30 days expired, the other party's attorney put a freeze on my bank account. If I agree to make payment plans to unfreeze my account to access funds, is this admitting my guilt in the small claims case? The attorney will only unfreeze my bank account if I agree to make payment arrangements. Thank you.

 

[JETX]

Before you enter into any agreement to unfreeze your account, I would suggest that you talk with an attorney. It may be possible to gain access if you can show that they garnishment (or levy) was invalid (insufficient time, etc.). Also, most states allow you a method to 'appeal' a garnishment action by requesting a hearing in the original court.

Finally, if you do decide to enter an agreement, make very sure that it does not restrict or prohibit the possibility of your taking further action (appeals, etc.) if needed.