Bank account attachment

[You Are Guilty]

According to the Albany City Hall court attorney, the I.R.S rules regarding excemptions do not apply to this case, only to IRS collections.
Does anyone have a specific list of excemptions that would fall within this type of collections? A partial list includes Workmans Comp, SS, SSD and unemployment.

Uh, see those two great big boring posts of mine a little bit up this page? Those are the exemptions you're asking about.

 

[JohnC]

After going to City Court and submitting more information regarding excempt funds and inproper service, I learned that the judge has signed an order to vacate the judgement. I have to now go down and pick it up and serve Mel Harris with this.
I will find out tomorrow....
1) How long it takes to release my bank account
2) Best way to serve Mel Harris


Thanks to this board and its knowlegeable members,it helped me alot. I have to add that the court attorney and court clerk was also very helpful.
The web has tons of information for people to help themselves in cases like this especially when one cannot afford the expert help of an attorney.

 

[You Are Guilty]

After going to City Court and submitting more information regarding excempt funds and inproper service, I learned that the judge has signed an order to vacate the judgement. I have to now go down and pick it up and serve Mel Harris with this.
I will find out tomorrow....
1) How long it takes to release my bank account
2) Best way to serve Mel Harris


Thanks to this board and its knowlegeable members,it helped me alot. I have to add that the court attorney and court clerk was also very helpful.
The web has tons of information for people to help themselves in cases like this especially when one cannot afford the expert help of an attorney.

You can serve MH via mail or personally. Obviously, personally is faster. Either way, you'll need an affidavit of service, so if you personally serve, not only should you take notes on the details of who/when/where you served, but you might want to follow it up with a mailing "just to be on the safe side".

What you need to serve is called an "Order With Notice of Entry". It's nothing fancy. Caption, index number and "ORDER WITH NOTICE OF ENTRY" in the title block. Then something along the lines of:
"PLEASE TAKE NOTICE, that the within is a true copy of the Decision and Order dated September ____, 2006, signed by the Honorable JUDGE'S FULL NAME, duly entered in the office of the clerk of the within named court on September, ____ 2006."*

Then add the date you wrote it on the bottom, and sign it, with a "plaintiff, pro se" under your name. Don't forget to attach a copy of the order to it

After being served, MH has 30 days to appeal the order, but since that tends to get very expensive, I doubt they will.


* You'll note you need the date of entry in the Notice. You can get it by calling the clerk of the court of the county you're in and giving them the index number. Depending on how busy they are, it might not get entered immediately, so don't get worried if it takes a few days.


Good luck.

 

[JohnC]

A Mel Harris employee called me today and said they will vacate the Judgement.
1) Can this be done without going thru the court?
2) What is the fastest way to do this?
3) How fast can I get my money back into my bank account? The bank is holding it in a "General Ledger" according to a bank legal dept.

 

[You Are Guilty]

A Mel Harris employee called me today and said they will vacate the Judgement.
1) Can this be done without going thru the court?

Nope.

2) What is the fastest way to do this?

Order to Show Cause. Otherwise, its a "regular" motion on notice, which requires 8-12 days minimum (depending on how its served), and then you're at the mercy of the court on how long it takes them to not only hear oral argument (if desired), but to actually decide it. On the other hand, if MH said they're going to do it, why do you care?

3) How fast can I get my money back into my bank account? The bank is holding it in a "General Ledger" according to a bank legal dept.

Once the bank gets the order vacating the judgment, most likely with a few hours thereafter.