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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Sued By Collection Agency

    My question involves collection proceedings in the State of: NY

    Hi, I just got a letter from citi bank, they blocked two of my account(one is my personal account, another one is an joint account which owned by me and my wife). They said "A restraining notice is a legal process that requires the bank hold or set aside funds in an account maintained by a named judgment debtor. Pursuant to applicable law, a sum equal to twice the amount now due and associated fees will be held from my account." "Citibank is required to hold my funds in a separate account until receipt of further legal process or until the expiration of one year from the date of this letter(05/29)"
    I think my case is a little complicated. This debt is over 8 years from now, The date judgment entered was May 12, 2004. I was out of country at that time, so I didn't receive anything from the court. I moved to a new place after I came back, my wife came to the U.S at the end of 2005, we opened this joint account on 2006, and my wife use this account all the time. I'm currently working in CA, and my wife still living in NY.
    My question is : (1)what I can do now? Is it too late to find an attorney?
    (2) My wife came to the U.S after the judgement entered, and we opened this joint account on 2006, is she still has to responsible for my debt? ( I never use this account untill I withdraw some money recently)
    (3) there is phone number for the attorney who served this process, should I call him?
    (4) I couldn't go back to NY currently as of my job, should I find an attorney in california?
    I really appreciate if someone can answer my question.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,103

    Default Re: Sued By Collection Agency

    Quote Quoting hohoho
    View Post
    This debt is over 8 years from now, The date judgment entered was May 12, 2004.
    The judgment was entered in 2004, so this is a four year old judgment debt.
    Quote Quoting hohoho
    (1)what I can do now? Is it too late to find an attorney?
    Why did you wait four years from the date of the judgment to do anything? You can get a copy of the court file and have it reviewed by a lawyer to see what, if any, remedies you have remaining.
    Quote Quoting hohoho
    T (2) My wife came to the U.S after the judgement entered, and we opened this joint account on 2006, is she still has to responsible for my debt? ( I never use this account untill I withdraw some money recently)
    She can try to convince the court that permitted the hold that certain money affected by the order is hers, and that her money should be released.
    Quote Quoting hohoho
    (3) there is phone number for the attorney who served this process, should I call him?
    For what purpose?
    Quote Quoting hohoho
    (4) I couldn't go back to NY currently as of my job, should I find an attorney in california?
    Are we to assume that this is a New York judgment, with action taken against a New York bank account? Then you need a New York lawyer.

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Sued By Collection Agency

    Thanks for telling this. there is one thing that I still don't understand. My first personal account was blocked on March, but i didn't do anything until my joint account was blocked by the end of may. I mean new york is not "common property" state, so my wife should not responsible for my debt especially she was not here when judgement was made. do you think I can sue citibank? because they did this without telling me, and i think they knew it is a joint account. thanks in advance.

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