Hi!
In 1995 (1/6/95) I move from NY to SLC, Utah (almost broke), I left some credit cards debts pending.( I didn't notify change of address, because I didn't know where I should be, I was in Utah with friends in different places ). The persons in my old address were students they didn't give any news about any mail to me when I asked for.
Seems from one of those debts I get a judgment in april /2001 for $3,500, I am not sure about this amount I think is too much,I don't have
any kind of information, The bank only provided me a restrain order copy given by the lawyer from NY.
Then suddenly in Nov 2009, my bank account was under restraining order, and shows many bounce checks fees for UF, besides that the bank charged already $100 for this matter.
The thing is I didn't ever receive any type notice or letter from this collector's Lawyer, neither in the period before.
I contacted this lawyer' office (Eltam & Cooper PC) who represent a company that bough that old debt, a person answered and told me I have 3 days to settle this judgment otherwise they will send the Marshal to me, I ask him that I need fact documents and details of that debt to see, because I want to see for what I have the law suit, he doesn't have detail but only the judgment document which he will send to me by mail, I think it will take some like 4 days to get here which is more than 3 days he offered me. Now if the marshal comes to me what he can do, I am in situation that I don't have all the facts or documents before can surely take action, I am willing to have some deal or arrangement , but I can't comply for the whole amount he asking for.
Questions:
If it is my debt I left in NY, now I am in Utah, what I should do?
This Lawyer wants the amount of $5000 (seems the extra $1500 is fees and interest)
to be pay in 3 days.
Do I have to hire a Lawyer?, I don't have any monies all are under restrain at bank.
What I should do?
If I wait longer for instance to make easy payments, if the debt is mine
Should be better or worse for me to wait?
I Don't know what a Marshal can do it, my bank account is already frozen.
I have other Bank account with small amount for my children, really is their monies but is under my name, does this lawyer can also send a restrain order to that bank?
A lawyer to represent me how much is the estimated fees?, I need some idea, better to have lawyer in NY?
Please, any Help I will appreciate.
Thanks
So was this debt from 1995 or 2001 either way check the SOL for New York if it has past do not make any type of payment on the debt. Because if you do it will start the SOL all over again and you will have to pay the debt. If the debt was from 1995 most likely the SOL has past. And they can not collect from you for the debt. So you need to send them a letter letting them know the SOL has past and they can not collect from you. Make sure to send it certified with receipt. So you will have proof they got it. And that should take care of it. Keep us updated on how things are going.