Legal Question in Credit and Debt Law in New York

Bank account put on hold

My bank account was put on hold due to a judgment from an attorney for a creditor. I think they purchased this debt because it is very old and the amount they are claiming I owe is entirely incorrect. I was never notified of any of this until I tried to use my debit card and found out from the bank that my account was on hold. Should my next step be to file an order to show cause? And will this definitely release my account? Are there any other options that I have. I am pretty sure this attorney's office has violated the Fair Debt Collection Practices Act. Should I also contact the attorney's office to get them to produce a copy of the documentation that created the debt?


Asked on 12/24/08, 11:08 am

1 Answer from Attorneys
Frank Loscalzo Law Office of Frank Loscalzo

Re: Bank account put on hold

Yes, your next step is to file an Order to Show Cause to vacate Judgment. You will need to know the case number and what court. Since you live in Brooklyn it is probably the Civil Court at 141 Livingston Avenue.

As part of your OTSC you will need to show there was an excusable default (you were never served), and a meritorious defense (I do not know who the plaintiff is, and I do no owe him any money).

Once the Judgment is vacated you will need to file an answer.

If you have any specific questions, or would like to discuss the FDCPA violations send me an email.

[email protected]

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Answered on 12/24/08, 2:16 pm


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