Restraining Notice and Court Appearance Questions

[werkit]

Hello all. First time poster. Just found this forum and been soaking up the information.

I recently received a restraining notice from my bank on my savings account. Due to the fact I was traveling when I learned of the lien, I immediately went to my local civil court the day I returned to file a court appearance to lift the lien. I wasn't able to wait to file an exemption since this is a majority of my savings and I had just moved back to my city and am searching for an apartment. My bank did send me a check of an amount that was exempted.

My plan as of now is to appear in court and tell the judge that I would like to settle the amount owed to the creditor and hopefully have the lien lifted this week. I have a few questions for those that may have gone through this.

1) Is this a good response? My lawyer friend said that I could be exempted due to being the primary head of household, but when I filed the paperwork the court clerk said that no judge would accept that as a cause and I should just say I am planning on paying the judgment.

2) How long does it typically take from a lien being lifted and the money actually being available in your bank account?

3) I would like to settle my debt, as it is my only outstanding debt, but I would still like to settle for less then the full amount, as I am currently jobless and settling for the full amount would put me in more of a jeopardizing situation in this current economy. Will I still have the option to negotiate the settlement amount or will I be agreeing to pay the full amount to get the lien lifted?

4) As of today, no judgment has showed up on my current credit report. Is it likely that after the court hearing I will have this on my record?

Any other advice for anyone that has been in this situation is greatly appreciated. Thank you all in advance.

[Trish]

Were you aware of any judgment prior to the lien being put on your bank account? (were you served correctly?)

Have you tried contacting the lawfirm/atty to settle outside of court? It just may be an option worth looking into. If they don't have to go to court/fight you........they may be willing to take a lesser payment.

Also.....what state are you in?

[werkit]

hi trish,

No i was not aware until the lien was placed. As i mentioned, i was traveling and did not receive the papers from my bank until i returned home

They were willing to settle but not for much less then the debt owed. Do i still have this option even though i filed paperwork for a court apperance?

I am in NY.

[jjgross]

Originally Posted by werkit

hi trish,

No i was not aware until the lien was placed. As i mentioned, i was traveling and did not receive the papers from my bank until i returned home

They were willing to settle but not for much less then the debt owed. Do i still have this option even though i filed paperwork for a court appearance?

I am in NY.

Yes you can settle before court,in fact if it goes to court you can advise the court you wish to make a settlement offer.

[Trish]

Originally Posted by werkit

hi trish,

No i was not aware until the lien was placed. As i mentioned, i was traveling and did not receive the papers from my bank until i returned home

They were willing to settle but not for much less then the debt owed. Do i still have this option even though i filed paperwork for a court apperance?

I am in NY.

Ok but usually there needs to be a judgment for an atty to place a lien on or freeze your bank accounts.
Why/who has a lien on your acct? Is it for a debt that you know of?

Is this by any chance Mel Harris?

[werkit]

Trish:

Yes, it is for a debt. Let me rephrase, I learned of the lean because of the restraint on my bank account. I got the attorneys info through my bank (Maland and Associates). I never received any paperwork from the attorney since I was traveling. I got a case number from the attny and went to civil court upon my return home and filed for a lift of the levy.

[Trish]

Ok, correct me if I'm not understanding....... but it sounds like they put a lien or freeze on your bank account without a judgment though......is that right?

I'm just not sure they can do that. I've seen Mel Harris use this tactic by using fake judgment papers (he is in NY) and it's illegal as hell.

I just did a google on Maland and assoc. Not finding anything on them yet.

If you have had a lien put on your account without a judgment.......you need to look at your state laws to see if that's even legal. If you do have a judgment against you and you didn't know about it until you received the lien papers on your accts.......then more than likely, you weren't served properly and the judgment can be vacated.

[werkit]

Trish,

How would I look up if I have a judgment? Should someone have showed up at my door to serve me papers, or could it have been done through certified mail? I never received anything directly from the lawyers, only notified through my bank. My bank letter refers to a judgment, but does not give any other information. They were also really shady when I spoke with them. The woman wouldn't even give me her last name!

p.s. I made a mistake, they are Malen & Associates.

[Trish]

Hmmmm.........it sounds like they got a default judgment on you without you knowing it.......that is possible.

You need to find out where this supposed judgment is (which court) and then call the court to verify this information. Then you need to find out how you were supposedly served. If you were never served properly.......then you can file a motion to vacate the judgment.

These guys sound awfully shady.

[werkit]

I am actually going to court this week to vacate the judgment. As of now, all I have is an index number. Would the court have more information about how I was served or should I contact the attorneys again?