INFOLAWYER : Hello and thank you for the question.
INFOLAWYER : Was the restraint issued pursuant to a default judgment?
INFOLAWYER : In other words, did the contractor win by default without a case on the merits?
Customer : HELLO I DID NOT REALIZE YOU WERE DOING CHAT. I AM IN THE CHAT WINDOW NOW.
Customer : Sorry about the capitals, I am so upset.
Customer : If you are referring to the safe deposit box, I do believe the restraint was issued due to the default judgement by the Judge against us. I am certain that is the reason the Marshall grabbed my safe deposit box. But I can't pay Chase - I don't even have the money. And I have no access to the box and the Marshall is siding with the contractor.
Customer : If you read what the contractor did to me, there is something very wrong with this picture. I believe the contractor is paying off the city - or maybe even paying off the judge. If you saw the photos of my bathroom, you would understand what I mean. People who come to my house are appalled at the results.
Customer : It looks like the bathroom floor is 20 years old - not 2 years old.
Customer : I was thinking of writing to the Attorney General's office, or maybe even the Governor. I am extremely upset - crying now - I can't even function with this going on.
Customer : Are you still in chat?
Customer : This contractor cursed at me and threatened me, shaking his fists at me prior to the court date. Even if you hold back money from a bad job no contractor has a right to do that.
Customer : Are you still in chat?
Customer : I will not be able to remain in chat idle for too much longer, so please let me know if you are still in chat and researching my question. Thanks so much.
Customer : I just noticed the second part of your reply.
Customer : The contractor won without a case on the merits - and anybody who has seen the photos of my bathroom taken immediately after the work was done agrees. We had leaks in the toilet and sink. They also did a terrible job on the tiles because the grout was mixed badly and left staining and cracking. It is awful.
Customer : I am going to have to log off. I really hope you answer my question but I can't stay idle in Just Answer at this time.
INFOLAWYER : Hello
INFOLAWYER : I was having technical issues
INFOLAWYER : apologize for the delay
INFOLAWYER : If the judgment and restraint based on default
INFOLAWYER : one may file a motion and have it vacated due to lack of notice
INFOLAWYER : also if the account does not belong to judgment debtor the court can release it
INFOLAWYER : The motion is usually granted
INFOLAWYER : courts like to have cases decided on the merits.
INFOLAWYER : Is that clear? apologies again for the delay in initial response
INFOLAWYER : ask me if you need any clarification
If the judgment and restraint based on default
one may file a motion and have it vacated due to lack of notice
also if the account does not belong to judgment debtor the court can release it
The motion is usually granted
I'm sorry I was trying to paste your response because I was confused and wanted to point out what was unclear.
Who may file the motion to have the judgment vacated? Do I have to get an attorney to do that? And what kind of attorney? I really don't have money and can't afford to hire a lawyer to represent me. So please let me know the process I need to go through to get the judgment vacated.
Also, I don't know what you mean when you write: "If the account does not belong to judgment debtor the court can release it." The judgment is against my husband, and the bank account is his. But unfortunately, the safe deposit box which is the the bank is in my name. So the marshall seized my box, and now Chase Bank is hounding me to pay the annual dues for the box even though I have no access to it. But the Chase Bank account was in my husband's name and the judgment is against him.
Can you please follow up on this when you get back into the chat, I really appreciate it. Thank you so much. It does sound like I have some recourse. Just please let me know how to go about getting the motion vacated, and what to do.