If a judgement is vacated, can I get the money back that was withdrawn from my bank account which is still frozen ?

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If a judgement is vacated, can I get the money back that was withdrawn from my bank account which is still frozen ?

My bank account was frozen. I contacted my bank; a debt collection firm (from which I never recieved any notices or summons as I moved) had taken legal action against me. I explained that I wouldl pay with a reasonable payment plan, however, they refused to set anything up and wanted my paystubs; they also wanted to know how much wa in my bank account. I went to court where there was a case against me and filed a “show cause” to vacate the judgement against me. The judge approved a court date which is next week. In my plea and with talking to the firm I never argued not paying, just setting up a plan.

Asked on April 11, 2012 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have the judgment that was entered against you vacated, all money that was taken under the judgment through the levy process by the plaintiff who has sued you needs to be immediately returned to you for the simple fact that without a judgment in place, the levy on your bank account was invalid.

Since you owe some money to the creditor, I suggest that you enter into a written agreement as to the amount you actually owe and set of a monthly installment payment plan where the agreement states no levies or wage garnishments on you so long as you are current on your payments. Possibly some of the money levied upon can be used to pay down the amount owed without the need for the money being returned to you.


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