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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 507
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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what happens after summary judgment?

Customer Question

what happens after summary judgment?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 1 year ago.

cortrightlaw : A summary judgment motion can either end or win a case, it is a motion that is brought in front of the judge and the judge is asked to determine based upon undisputed facts that there is no argument as to the outcome of the case. This a trial is not needed and the judge can make the final determination based upon the facts in the motion.
Customer:

This case was tried in New York City Civil Court. The plaintiff is a bank trying to collect on credit card debt. I am the defendant. The judge has ordered summary judgment. My question is, What happens after this? I am assuming the bank will try to collect on this judgment. If I am not able to pay the judgment, what happens after this?

cortrightlaw : Yes if you lost the motion and the bank obtained the judgment then the plaintiff can start its collection efforts. Usually collection efforts include wage garnishments, seizure of bank accounts, or placing liens on property. If you are consiidering bankruptcy, it will stop the judgment and eliminate the debt.
Customer:

I am retired. My only sources of income are Social Security Benefits and a modest pension from my Union. I have no property--I rent my residence, I do not own a car, or boat or airplane, vacation property, etc. I have one bank account checking and the only funds in it are from my SS and pension. I have no savings or investments. If my one bank account is seized, is it seized in total, or are there exclusions they cannot touch?

cortrightlaw : Your social security can not be seized only your pension so it might be a good idea to open a second account so the funds can be segregated.
Customer:

Excellent suggestion. Thank you. If I deposit my pension in a second account, do they have access to all of the money, or are there certain exclusions I can claim they cannot touch?

cortrightlaw : They can most likely grab all of it so do not leave it in there, withdraw it as soon as possible.
Customer:

The pension is paid to me directly and automatically on the first day of each month.

Customer:

If I withdraw it on the same day, can I do that, and they do not have access?

cortrightlaw : You can do that as long as they don't serve the notice on the same day, so they would have to be a little lucky.
Customer:

So it sounds like I can only withdraw the pension payment once. I am assuming that if seizure occurs, that each succeeding month they would grab it all automatically. Is that right?

cortrightlaw : Yes but you could stop the future deposits. Or again bankruptcy would make it so you don't have to worry and hide from the judgment for years.
Customer:

Thank you for your expertise.

cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 507
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and 5 other Bankruptcy Law Specialists are ready to help you
Expert:  cortrightlaw replied 1 year ago.
Good luck, wish you well and thanks for the bonus

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