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1997 Judgement that is impacting my daughter

Discussion in 'Other Debt, Collection, Garnishment' started by Destiny 68, Jun 16, 2016.

  1. Destiny 68

    Destiny 68 Law Topic Starter Guest

    New York
    My daughter and I have an account for her college. Because she was 17 going on 18 Now her account has been frozen as result of a judgement that was placed in 1997 against me. I had no knowledge of this judgment because I now live in another state. Is this judgement legal in 2016. How can I fight this matter. The judgment is against my ex-husband and I not my daughter. The money over account is hers and not mine. What options do I have?
  2. army judge

    army judge Super Moderator

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    If you opened the account, its your money, although you intended to give it to her.
    Her name may have been listed on the account, but yours was, too.

    You can pay the judgment (clears the matter quickly), declare bankruptcy (will clear the matter, but will take 90-150 days, give or take), you can ask a lawyer if you have any remaining remedies against the judgment (a lawyer in the sate where the judgment originated), otherwise; you can take comfort in knowing the judgment is being diminsihed by the confiscation oif the funds.
  3. adjusterjack

    adjusterjack Super Moderator

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    As a practical matter you probably can't, unless you want to spend a few thousand on an attorney. You can have an attorney handle everything and pay a lot of money or you can do some stuff before you hire the attorney and save a few bucks.

    First, you need to get a copy of the case file from the court so you can figure out what happened.

    You will have to determine who got served, how they got served, what the lawsuit was about, how the judgment came about and whether the judgment was properly renewed.

    About renewal see:

    2015 New York Laws :: CVP - Civil Practice Law & Rules :: Article 50 - (Civil Practice Law & Rules) JUDGMENTS GENERALLY :: 5014 - Action upon judgment.

    If it turns out that everything was kosher and you and your ex really did owe the money there is nothing you can do about it except pay it to get your daughter's account unfrozen.

    You need to act quickly because I believe, under NY bank levy laws, the bank freezes the account for a limited amount of time and then sends the money to the judgment creditor if you haven't gotten a court order quashing the levy.

    If there was something in your divorce decree that made your ex responsible for that debt you might have a remote chance of seeking reimbursement by hauling him back into court on contempt.

    Keep in mind that the creditor is not bound by the decree and gets the money from whichever party has the money and is more easily gettible.

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