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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Creditor Got Default Judgement, Levied Bank Account

    My question involves collection proceedings in the State of: NJ/NY

    From an account that was from 09/2001 I JUST found out I got a levy on my checking account. I do not know of any certified letter recieved. I dug through some mail and found a letter that was sent through regular mail but had the wrong address (State Highway 903 instead of 303) Therefore I do not believe I was properly served. This is in the NY courts. The court documents filed with county have the correct address though.

    The account was sold to an asset company and thier lawyers are the ones putting the levy on the account. The account originated in NJ but 2 years ago I moved to NY which is where the judgement is filed now.

    Seeing this account is over 6 1/2 years old, and has been deliquent since 2002, I was wondering if the SOL would play factor. NY is 6 years and I have found NJ to be one of two, either 3 years or 6 years. Some websites state 3 and some state 6. I am unsure which one it is.

    Would anyone think it's possible to move this back into NJ courts and try the SOL approach as well as vacate judgement due to improper serve?

    Please help, I got to represent myself now that i found out about this.

    Process? Vacate default judgement (I assume write letter to court requesting this) Then request to be moved to origin state? Request proof of ownership (never dealt with the asset company so I want to make sure they have the right to collect debt for original creditor) then ask for debt validation including original contract signed?

    Please let me know if im on the right track and how to do it if possible!!

    I appreciate all help!!!

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Creditor Got Default Judgement, Levied Bank Account

    Doesn't New York allow "nail and mail" service?

  3. #3

    Default Re: Creditor Got Default Judgement, Levied Bank Account

    You need to get the original court file and see how you were served. If you were not properly served, you can file a Rule 60 motion to set aside the judgment and file it in the NY court. The clerk of court may print you out the paperwork from another case if you ask her nicely.

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