Can my out of state bank account be seized?

[Kev5n24]

Back on 3/11/05 a small claims judgment was filed against me and my brother in the state of New York for back rent in the amount of $2023. At the time we had no idea what to do about it (still don't actually) but we knew we weren't guilty so we showed up to court only to be ignored though the whole legal process as we stood in front of the judges podium waiting our turn to speak. Not until the judge literally picked up his gavel and was ready slam it down and rule in favor of our landlord did I shout out something to the effect of, 'HEY! we paid our rent!' The judge stopped and said, 'oh you dispute the charges?' I couldn't believe it got this far before anyone asked us that! I went on to explain to the judge that at no time did I nor my brother sign a lease with the plaintiff. We we're subleasing from the nephew of the plaintiff and at no time did we sign a lease with him either. The judge was completely unaware of the fact that the landlord only had gotten a lease signed by his nephew and just put the whole thing off till we were both completely moved out of the place. Which we were the very next day. Long story short we paid the nephew the amount of rent verbally agreed on but he never paid his uncle. The judge still found us liable for the back rent though which I only found out about many months later when attempting to get a car loan. It showed up on my credit report. I disputed the charge through all three credit bureau's and it was taken off 2 of the three so I pretty much just wrote it off. Recently though they seized my brothers bank account. Luckily he only had $15 in it at the time. Due to back medical bills totaling over $14K my brother is about to file bankruptcy so he'll be in the clear from this matter after that. I on the other hand am not going to file bankruptcy and now live in the state of Nevada. I'm wondering if they can seize my bank account/assets too? I read something about they'd have to "obtain entry of a sister-state judgment" ( http://bankruptcy-law.freeadvice.com/collections/enforce_judgment.htm ) but I'm still confused... Would I get word of this before my bank account was seized?
So in short;
Can they seize my now out of state assets?
Will I get word before they do?
and how can I get this A-hole who wrongfully went after us when he should have gone after his nephew off my back now without money to afford a lawyer?

 

[Michael Wechsler]

I'm sorry to hear about what happened. I'm not sure what the terms of your lease were which may have made you liable to the uncle, but that's no matter now. If the judge in the first case did not listen then you should have appealed the judgment. I'm not sure what can be done and perhaps you can speak to the clerk of court but it seems your remedy is to sue the nephew and be "indemnified" for your having to pay his uncle.

Regarding the obtaining entry of judgment in a sister state -- that is correct. There is a process called "perfection" of judgment where a case that was adjudicated in another state (a sister state) would be honored by the sister state and allows the creditor to obtain a valid judgment in that sister state. Depending upon the circumstances this perfection of judgment can be fought but it is usually an issue where the judgment was obtained by default (the defendant didn't appear.)

Best of luck with this and perhaps if you nail his nephew the truth may come out...