Legal Question in Bankruptcy in New York

bankruptcy

I have an outstanding credit card balance of 18,000. I was working with a debt solution company to get the debt reduced. I found out today that my bank account was frozen and the credit card company had a collection agent remove all of my funds from the same bank account. Is that legal? I didn't receive any notification from either the debt solution company or the collection agent prior to removal of my money.


Asked on 12/05/08, 10:45 am

2 Answers from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: bankruptcy

This is a very common problem we have addressed in prior postings on our Blog "Should I Try Debt Settlement First Before I file Bankruptcy in New York?" The link is

http://www.newyorkbankruptcylawyerblog.com/2008/08/i_live_in_new_york_and_am_cons_1.html

At this point, bankruptcy is one option for you and trying to deal with judgment you have is another. Which one is the right solution for your situation depends on a variety of factors.

A creditor with a judgment can both garnish the judgment debtor's wages and levy a writ of execution against the judgment debtor's bank account (or just restrain the account pursuant to a restraining notice).

Please see the prior posting on our Blog (newyorkbankruptcylaywerblog.com) on the topic of dealing with a default judgment. The posts are:

Help A Collector Has Frozen My Bank Account in New York, Queens, Bronx, Brooklyn! http://www.newyorkbankruptcylawyerblog.com/2008/10/help_a_collector_has_frozen_my.html

- and -

What Can I Do If a Default Judgment Has Been Entered Against Me in New York? http://www.newyorkbankruptcylawyerblog.com/2008/10/what_can_i_do_if_a_default_jud_1.html

If the above links don't work for any reason there is a link to our Blog on our website at www.starrandstarr.com

For general information regarding a personal bankruptcy filing, please see the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com

Please feel free to contact me at 8888678165 for a free initial consultation to determine your options.

The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice for your situation. You should consult with an attorney.

Best regards,

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Answered on 12/05/08, 1:09 pm
Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: bankruptcy

Most debt consolidation companies make false promises that they can't keep. These so-called "debt solution" companies are not regulated and are a major problem. This trade has been investigated by Congress. Many of these companies have stolen their clients' funds or gone bankrupt themselves. You have learned the hard way. Using an experience bankruptcy attorney is usually the best way to go.

That being said, it sounds like the creditors sued you, the debt consolidation company promised you that would take care of it but didn't, and now there are judgments against you. I assume what your creditors did is legal.

What you should probably do now is file for Chapter 7 bankruptcy. You live too far from my Long Island Bankruptcy offices for me to assist you. You should call your local bar association to get a referral.

You can also check my web site to get additional information: BankruptcyCanHelp.com

Good luck!

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Answered on 12/05/08, 11:15 am


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