What are my chances of overturning a decision that a judge ordered my bank account to be levied for a credit card debt?
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What are my chances of overturning a decision that a judge ordered my bank account to be levied for a credit card debt?
I want to ask the judge if I can get the opportunity to make arrangements with a creditor since the notice they sent I never received and was unaware that they were going to levy my bank accounts if I didn’t respond. The notice was sent almost 2 years ago to an address I lived at 4 months prior. Do I have any ground to stand on and what is the likelihood of a judge going to me give me the chance to make an arrangement with the creditor?
Asked on March 6, 2012 under Bankruptcy Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What happened is that the judge signed an order for a judgement against you - probably on what is called "default", meaning that you did not answer the summons and complaint. You will need to make a motion to vacate the default and you will have to give a good reason that you did not answer - which is that the address was wrong - and a meritorious defense - hard if you actually incurred the debt. Seek some help in your area. Good luck.
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