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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33904
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have a hold on my bank account for a CC debt from 2002, I

Customer Question

I have a hold on my bank account for a CC debt from 2002, I never received a court paper and I live abroad, how can I fix this? Isnt this supposed to be ilegal?
JA: Since laws vary from place to place, what state is this in?
Customer: NYC Bronx
JA: Has anything been filed or reported?
Customer: I have necer recieved anything, found out when I logged into my bank acc and saw the hold
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

It appears this question was posted yesterday. Are you still needing assistance?

Customer: replied 1 month ago.
I am.
Customer: replied 1 month ago.
I dont want a call
Expert:  Dwayne B. replied 1 month ago.

I don't participate in the phone call program anyway.

It's not necessarily illegal, but there is no way to tell for sure without examining all of the documents from the file, which we can't do on here.

The reason it may not be against the rules is because a judge in a case can allow the plaintiff to use "substitute service" to serve someone who isn't able to be found after a "diligent search". Substituted service is usually something like publishing in the newspaper and posting notice in the courthouse. If that is what happened then there should be a record someplace indicating they tried to serve you, couldn't, and then filed a motion asking to serve you in some other fashion than handing it to you.

There is really only one way to correct the issue since so much time has passed and that is to file a Motion to Vacate Judgment. A judgment is the document which they would rely on in asking to put a hold on your bank account.

While you are allowed to file this motion and pursue this matter yourself, the judge is almost certainly going to require a legal brief on the issue and will require you to appear for at least one hearing. The briefs in this type of case, as well as the motion, are more than just forms because the facts vary on every case so I'd suggest you consider retaining an attorney where the case was originally filed against you and allowing them to file everything. They may even be able to get the judge to let you appear by telephone or video (ex. Skype) rather than being there in person.

In addition, the attorney is likely to spot more legal or procedural issues than you would yourself if you do not have any legal training.

Expert:  Dwayne B. replied 1 month ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.