Archive for February, 2009

What to do when your New York Bank Account is Frozen

Tuesday, February 24th, 2009

So you go to the bank and try and withdraw some money and come to find out your bank has been frozen.  You go inside and ask the teller what happened and see that the account was frozen by either Mel. S. Harris & Associates, Rubin & Rothman, Pressler & Pressler, or some other collection firm.  You have no idea why it was frozen.  What do you do now?

1. DO NOT simply contact the debt collection firm to find out exactly why the account was frozen.  Doing this causes unneccesary delay as many of these firms will not go into details with you as to why your account was frozen.  Instead they will simply try and strong arm you into making payments.

2. DO go straight to civil court.  You can let the clerk at the civil court know what happened and they will be able to access the corresponding court case behind the “freeze.”

3. DO speak to an attorney about the freeze.

There are many things an attorney can do to unfreeze your account almost immediately.  The jist is that your account was likely frozen because you didnt “show up” to a court date when a lawsuit was filed against you, and therefore a default judgment was entered against you.  Now many of you will say “But I wasn’t ever served!”  You’re not alone.  Many of the clients that come into my office have the same issue.  Some of these firms use “sewer service” whereby they simply serve any address they can find that corresponds with your name on a credit report.  They then go forward with the court proceeding even though you werent properly served.   Under New York Law, they cant do that.  The problem is the first time you found out about this was when you suddenly realized your bank account was frozen.

Also, about 80-90% of the time my clients have absolutely no idea that they owed any debt, much less the debt the lawsuit claims is owed.  This usually centers around the fact that if/when the client defaulted on the payment, that debt racked up a ton of interest and was sold between several collection agencies and companies.  An attorney will be able to minimize or even eliminate most of the interest, and many times a large amount of the principal (remember that past performance is no indication or guarantee of future results).

At the end of the day the most important piece of advice I would tell you is to immediately take steps to unfreeze this account, even if you are going to try and go at this alone.  There is no reason to simply pay what the collection law firm tells you to pay.  There is always room to negotiate or even try and dismiss the entire claim.

How long will Bankruptcy affect my credit?

Monday, February 23rd, 2009

A common question I have from clients is how long it will take them to get their credit back to normal levels post- Bankruptcy.  Initially, your credit score will drop significantly when filing for Bankruptcy.  However, for most clients that would have been the case regardless of whether or not they actually filed for Bankruptcy, as their unpaid credit cards/judgments would have lowered their credit score even without any Bankruptcy action.  Bankruptcy basically wipes the slate clean and takes your credit score down BUT it also allows you to wipe off those unpaid credit cards and judgments so you can start to SLOWLY and correctly re-build your credit again.  As to how long it will take you to get credit cards after you’ve filed for Bankruptcy,  the answer ranges but you should  begin to receive credit card offers within the first year or year and a half after filing for Bankruptcy.  I’ve even had some clients who have had credit card offers only 6 months after filing for Bankruptcy.

The best thing you can do is to borrow responsibly, if you do decide to borrow.  Show lenders that you’ve had some issues in the past but have gotten through them and now you can handle and manage any debt that you may have.  Perhaps the easiest way to do this is to apply for a secured credit card.  Its almost the same thing as a gift card.  You give the card issues $500, and they issue you a credit card with a limit of $500.  Just be careful and watch out for any high fees, etc.  Bankrate.com has a great database which lists the fees/expenses of many of these secured credit cards.

Do not file a New York Bankruptcy by yourself

Tuesday, February 17th, 2009

I just came back from a meeting of the creditors…the dreaded “meeting with the trustee.”  Most client were represented by a capable attorney.  Two clients were not.  Instead they filed all of the paperwork on their own or had a company that rhymes with “Schme the Veeple” file it.  Guess what happened.  The first client, who prepared his bankruptcy filing on his own, had his case dismissed.  It wasnt due to the fact that there was any fraud or hidden assets.  Instead, it was dismissed because he didn’t file the required paperwork.  Why you say?  Because he didn’t know what the required paperwork was or where to find that paperwork.  The second client fared even worse.  The client, who went to “Schme the Veeple” to file the case received some bad advice (even though you’re not supposed to receive any advice there.)  Long story short, the client wasn’t aware of the fact that he could only exempt $50,000 in equity from his house if his name is on the dead, regardless of whether he filed for the Bankruptcy jointly with his wife.  It will likely end with the client losing his house.  Which is sad…and ridiculous.  I have said it before and I will say it again, I understand why people don’t want to pay an attorney $1500 if they think they can do it on their own.  For some people, that may be ok.  However, for most people out there, Bankruptcy is way too complicated to go at it alone.  Can you keep you car?  Can you discharge unapaid taxes, student loans, etc?  Can you keep your home?  All of these questions have to be answered by a trained, experienced professional.  It really does not make financial sense to save $1000, when you could lose your home, or have your case dismissed.    Please make sure you really think about going at it alone, as it may cost you much more than you save.

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