Plaintiff Versus Attorney Of Record

Discussion in 'Credit Talk' started by EP, Jul 9, 2008.

  1. EP

    EP Member

    Can a plaintiff legally issue a bank restraining order rather than the attorney of record on a New York State court judgment? They have, and I don't know who/if to respond to?
  2. flacorps

    flacorps Well-Known Member

    An individual may typically do anything their lawyer could do.

    A corporate entity typically may not do a great number of things "on its own" without a lawyer.

    You would need statutes and case law to sort out the differences in the latter situation.
  3. EP

    EP Member

    flacorps -

    Thank you for your prompt reply!

    I apologize for not disclosing more ...

    "Plaintiff" in my situation is Wolpoff & Abramson (both an attorney and debt collector - and I'm unsure if it's legal to act as both) who assigned collection to another debt collector ... yet the plaintiff has now issued bank restraint. So, I'm still unsure who to respond to - if anyone - either Plaintiff or Attorney of Record.

    The NACA attorney I called - who seems too busy to even send me his retainer agreement - was also unclear and another said judgment may have been transferred back to plaintiff. County Clerk's pro se attorneys here in New York said it simply could be a clerk's error that everyone missed.

    My question: Since three (3) credit collection expert attorneys don't know, is there an alternative forum ... or can you offer any friendly direction to someone who might help in a clear way? Is this a Yes/No, Maybe answer - or does it get more complicated?

    Thank you again.


Share This Page