HSBC Credit Card Debt Dismissed from Judgment Enforcement Proceeding

A judge has dismissed a judgment creditor’s attempt to compel the judgment debtor to draw down on his HSBC Credit Card debt accounts to satisfy the judgment. Instead, the judge ordered the credit card debt dismissed from the judgment enforcement proceeding.

The Plaintiff / judgment creditor had learned of the debtor’s line of credit at HSBC through an information subpoena it served in aid of judgment enforcement.

The Judgment Creditor proceeded with enforcement by filing a motion, asking the court to order the Defendant / judgment debtor to sign all necessary documents to enable the Plaintiff to collect on the judgment by drawing down on the debtor’s HSBC credit account.

The Plaintiff presented the credit line account as an asset [1] which the judgment enforcement officer should be permitted to seize [2].

The Defendant opposed the motion by arguing the law did not require a debtor to draw down on a credit line to pay a judgment.

The court found the judgment enforceable against property capable of being “assigned or transferred.” [3]

The court determined the Plaintiff failed to prove the HSBC cash advance ability was ‘assignable or transferable,’ and accordingly he dismissed the credit card debt accounts from the enforcement proceeding.

Attorneys for HSBC, Kirschenbaum & Phillips, often represent the bank in credit card debt collection actions.

Have you been subjected to abusive debt collection or judgment enforcement? Call our debt relief law firm to oppose HSBC credit card debt today.

[1] CPLR 5201

[2] CPLR 5225

[3] CPLR 5201(b)

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