What happens when I do not respond to a credit card judgment debt?

Question

Here’s my situation. I owe about $60,000 in unsecured credit card debt. I’m from New York. The last payments I made were in 2002. I was under the impression that after 7 years of your last payment, they will not be able to collect anymore. I am currently unemployed and have no real assets besides a car under my name. The first couple of years, collection agencies were calling all times of the day. Now there is just two that are calling, I owe one of them $30,000. This collection agency bought the debt off the original creditor. They recently won a judgment against me and has since frozen my bank account. I would like to know if it is legal for them to call my neighbors. They even sent an Information Subpoena to my landlord requesting him to fill in information about where I live, last verified employment, etc.

I currently do not live there, but all my mail goes there. I have never spoke with them – should I call them and let them know I do not have any money to pay them back? I have never filed for bankruptcy before. Will all this end soon within 7 years of the last payment or does it last much longer? I have about 2 more years to go. Lastly, does the timeframe start over when a judgment is issued?

Answer 1

If they currently have a judgment, it won't end soon - sorry

From your comment, I don't know if you still live in New York or in another state, but in New York judgments last 20 years (with a 10 year renewable lien) Which means they can wait a very long time for you to get a job or to purchase something that is allowable to place a lien on.

If you live in another state and the bank account is in that state, they would probably have to domesticate the judgment to that state before they can freeze the bank account. If they didn't, they may be held accountable for that action.

If you defaulted in 2002, you would have still been within the legal collecting SOL on the amount they sued for. The collecting SOL in NY is 6 years.

As far as speaking with your neighbors, that would depend on the extent of the conversation. They can ask the neighbors if they know you, if they know your phone number, etc. They can't say why.
As for the landlord, like the previous poster said, you would have to check the statutes on it. I'm just guessing, but if it's for the judgment, they may be able to.
If it's for an account that a suit "was not" filed on, then no - they can't.

It's possible that you could petition the court to waive the bank account freezing under hardship. But, time is limited so act fast.

You might call Legal Aid and see if they will help you in writing up the hardship petition, etc.

If they have set up an asset hearing, you have to go. Not going would be considered contempt of court.

I am not a big bankruptcy fan and rarely bring it up, but in some cases I do support it. It might be an option that you may want to think about.

Answer 2

As a former Debt Collector I can tell you why they took judgment. They know that you are not working right now and they know that you don't own anything right now, so they took what you had in your bank account. This judgment is good for 10 years at which time they may renew it for another 10. It is their choice at the end of 10 years. They know that you will eventually go back to work and they can then garnish your wages until 2017.

Everything they have done is legal regarding calling neighbors, and contacting landlord.

What in the world possessed you to run up $60,000 worth of credit card debt?

Answer 3

you should have been serviced papers for the judgment. Normally if you go to court you can always work out a payment plan or if you are not working and have hardly any assets they would say that you don't have the means to pay it back. also that judgment will stay on there for 10 years until paid if you do not pay its 20 year. Once you start working they will start garnishing your wages some states up to 15%. You should consider bankruptcy and wipe it out. Allot of people look at people who do that as dead beets but they don't know peoples situation things happen to everyone and I am sure if that happened to them they would do the same thing. People shouldn't judge when they are not living that life. Good Luck wish you the best.

Answer 4

Don't bother offering them a paltry sum of $5 or $10 a month. That isn't going to be accepted or even help you. Unless you have a lump sum that you can settle with them for 50% of the amount, forget it. Monthly payments aren't advised even IF you had a job! What tends to happen is the collection agency will set you up to make payments and then after a few months of taking your payments, sell your account to another collection agency, and the cycle will start over.. and the new collection agency may not even acknowledge your agreement or payments you made to collection agency #1. So, it is better to just forget the payment route. It is always better to just do a lump sum settlement. What will happen now, is you will get a barrage of calls asking what you intend to do about this debt and when you intend to pay it. You may get letters of settlement offers or demand for payment also. It is probably too early for them to jump the gun and go to court and sue you just yet. Even if they did, you are in one of the states that do not allow wage garnishments. That doesn't mean they couldnt freeze your bank account though. What I would do is save up what money you do have, and see a bankruptcy attorney. I don't see you being able to overcome 20k in debt anytime soon. Bankruptcy will cost maybe $1500 or so.

Answer 5

judgements last much longe than 7 years. they are on your credit report till payed , you file a chapter 11,or you are deceased. As for getting your information from your landlord, as long as they are only inquring about information that you have supplied him there is no legal issue. you cannot hold liable any person who gives information about you to a third party in commision of collecting a debt. Actually you can't sue anyone for giving non-personal information about you to a third party period. this includes but is not limited to address, listed phone numbers, next of kin, age and or date of birth, physical appearence, and mode of transportation. this is all a matter of public record and can be looked up in the state that you live in if a person knows that you are there. basically the only think that people can not divulge is you social security number, private phone number, and any tax information about you. there isn't a whole heck of a lot that they can't ask third parties. as for freezing your account. that is the order of the court that did that, it would be to freeze all bank assets to begin repayment of a debt. I see it all the time since I work for a bank.

Answer 6

Were you informed of the initial proceeding where they got their judgment? Did they send the letter via traceable means? If not...you can contest the judgment on grounds that it violated process rules (ie due process). Typically, they can request what they want...but legally your landlord is not under obligation to give them that information, in fact providing a 3rd party with that information may be illegal and against privacy laws. They can call your neighbors but they aren't obligated to give them any information. If they harass your neighbors they themselves can sue if they tell them to stop contacting them and they keep doing it.

Answer 7

New York Statutes of Limitation

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.

Answer 8

It depends on the state. The credit card company sold your debt and the new company is allowed to collect. Contact a legal aid office in your state and ask them. You may want to ask if it is legal for your landloard to give out your personal information to anyone who calls. You should sue him for that. He might have done this becasue you owe him money. If he did I would sue him for twice the money you owe him.

Answer 9

judgment? did you go to court? if you have a judgment against you and you don't comply you can be arrested. also, the 7 year thing applies until the re issue a lost debt with you then its 7 years again......trust me it once happened to me

Answer 10

if they already have a judgement against you bankruptcy is not going to do you any good. you do not have a job so there are no wages they can garnish right now until you get a job. They are calling your neighbors because they are trying to find you, I don't think it is illegal to do that. You do not have to hide from them because right now there is nothing they can do to you.