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DrakeLAW
DrakeLAW, Attorney
Category: Business Law
Satisfied Customers: 788
Experience:  Attorney at Drake Law Firm PLC
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I live in Florida and my bank account has just been levied

Customer Question

I live in Florida and my bank account has just been levied by a judgement in NJ Superior Court. I never received any notification of summons to appear for any hearings. I contacted the law office handling the judgement and they are telling me it's from a Citibank account in 1994. I've never had s Citibank account. When I asked them to provide me with proof that the debt was mine they told me they are just collecting in the judgement and proof of the debt was handled by the civil court and already determined. When I asked them to provide me with proof that I was served back in 2001, yes that was not a typo, they indicated service happened in Feb 2001. They told me I would need to contact counsel for that. I told them I am disputing this judgement and he noted that in the case. I am currently waiting to receive the notice of levy from the bank. In the interim is there anything I can do to fight this levy and get my money released back to me?
JA: What are the debts in question? What collection efforts have been made?
Customer: It's one credit card for Citibank which I've never had. I have not received any correspondence regarding this from this attorney. I pulled my credit report yesterday and there are no judgements listed as well as nothing for Citibank, the collection agency that bought the loan or this attorney office
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I think I've covered everything.
Submitted: 2 months ago.
Category: Business Law
Expert:  DrakeLAW replied 2 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 2 months ago.

That's very frustrating and unfortunately there is no quick fix to get your money back in a matter of hours and days. You need to file an objection to the levy in the Florida court where it is happening.

But first, you need to get a copy of the Complaint, Affidavit of Service, and Judgment from the NJ Superior Court to see who was sued and who was served. That becomes the basis for your fighting the levy in Florida. With that information, your fastest way out may be proving to the firm (using the info from the NJ case) that it is not you and asking them to immediately release the levy. If they do not, and you have to do it through the courts, you can seek attorney's fees and damages against them.

I am happy to help further if you get those docs from NJ. Or any other questions.

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.