Just served by AMX yesterday Jan 1 . How soon till bank levy

[Freddy03]

But I was under the impression that after filing an answer with the clerk that the attorneys will request more information from me to confirm the debt.

No to mention but the date filed by this creditor through the county clerk was Dec 15th and finally served to me 2 weeks later. I assumed the countdown began on the 15th and not from the time I'm actually served

Your time starts when you are actually served.

It depends on the how the attorney wants to handle it. I would always hit them first with a request of documents.

I'll give you a little background on my judgment case: I'm in Florida not sure how it's done in NY

March 2010: Summons received
April 2010: I answered summons on the 18th day (I had 20 days) in my answer I requested all documents from plaintiff.
June 2010: Plaintiff never responded to request.
July 2010: Judge ordered mediation
July 2010: Went to mediation - nothing was settled
August 2010: Judge ordered trial
August 2010: Went to trial I lost - Plaintiff got a judgment against me.
I had 45 days to get them my finanical info (bank acct, car, job, mortgage info)
October 2010: On the 45th day I faxed my finanical info to them and the court. On the 48th day I switch bank accounts.
As of today Jan 4, 2010: I have NOT heard one word from Plaintiff or received any garnishment request or bank levy.

You are probably fine with answering early. Like Tom said as long as you are def. going to file BK soon.

But they can not just levy your bank accounts without a judgment. They have to WIN in court first.

[Tangelwood]

Thank you both! I'll do whatever is necessary to delay this for a month

[chicagoannie]

okay here's what i did in the same situation and i bought myself over a year. I went on down to my local courthouse. I looked up cases where this company was the plaintiff until i found one that was answered by a high priced attorney. I paid 25 cents per page for copies of the answer. I went home and typed my answer to look just like that one but changed the relevant details. I denied every accusation in the complaint except my name and address. I filed it with the court on the last day to answer and then mailed the lawyer for the plaintiff a stamped copy.

Next they sent me interrogatories. I answered their interrogatories basically by objecting to just about every one of them as irrelevant or whatever. I sent them a set of interrogatories asking for tons of stuff that was just trivial wasting of time. I asked for things like copies of the agreement with bank of america, proof they owned the debt, etc., etc. Tying it up for 4-6 weeks? Easy, peasy, lemon squeezy!

brilliant!!!

[flyinbroke]

You have the number of days (whatever your state requires) from the date of service, not the date of suit. YOu don't want to give them reason for summary judgment, so denials or "lack of sufficient information" should be your answers. Admit to nothing beyond your name and addy being correct.

You want to answer in time regardless of filing for Bk; if you miss the deadline they can get a default judgment. THen things can go fast. Do not wait until the last day to file, either...if the clerk screws up, you miss the deadline and they get to raid your accounts sooner due to default judgments.

A bank levy can't happen until you go to court, they win the suit and they get a judgment. Then they get paperwork to raid the bank accounts. If you look at your court system, I am betting there are a ton of people being sued by creditors and you will not see a courtroom for several months.