logo

Debtconsolidationcare.com - the USA consumer forum

Income Execution

Date: Sat, 01/31/2009 - 21:07

Submitted by anonymous
on Sat, 01/31/2009 - 21:07

Posts: 202330 Credits: [Donate]

Total Replies: 7


I recently received an "Income Execution" letter from the Office of the marshall from the city of New York.
It states that "RAB Performance recoveries, LLC" had entered a judgemente against me.
I want to know if I can ask them to verify this debt, or is it to late because the marshall already sent me this letter?
Also the letter states that I need to had over %10 of my income to the recovering officer which in this case would be the marshall and if I don't comply within 20 days ro so, that they would go straight to my employer and deduct it from my paycheck.
Does anyone know how this works or is there a way to stop or delay these people from forcing me to pay the debt?


Chris, it is too late to ask for validation, check with the clerk of the court to see if you were sued and where you were notified that you were being sued? You have to be sued and a judgement entered against you. If you weren't notified in your county that you were being sued, file a motion to have the judgement vacated for improper service.


lrhall41

Submitted by on Sun, 02/01/2009 - 02:06

( Posts: | Credits: )


Yes exactly as guest said, it appears you where sued without being notified,unless of course you know that you where sued and lost against them thus the judgment. Either way, check with your court to see if a judgment has been entered.

Have you moved recently or have you ever lived in a different state/county? If so you might want to check with that court also. If that is so then it would be improper venue. Some debt collectors do that on purpose, they sue where a person used to live but for some reason when a judgment is entered they magically send them executions to their new address.


lrhall41

Submitted by on Sun, 02/01/2009 - 02:42

( Posts: | Credits: )


You can have the judgement vacated due to improper service. Start researching NY's Rules of Civil Procedure. NYC sucks when it comes to judgements because of the Marshall service. The judgement basically gives them the right to take your property to satisfy the debt. You might consider retaining an attorney. Try www.naca.net


lrhall41

Submitted by NASCAR_Devil on Sun, 02/01/2009 - 16:23

( Posts: 4671 | Credits: )