Legal Question in Business Law in New York

Re: Subpoena on shared bank account

If the bank account has the name of a debtor on it, the account can be frozen and assets taken out (upon a court's say-so) to pay the debts. It doesn't matter to whom you and your mom privately think the money belongs; the record shows it belongs to you and your mom.

You might contact a non-attorney debt relief agency; I know a good one to whom I will be happy to refer you if you contact me offline. They may be able to help.

Obviously, the debtor can make a bona fide effort to pay the debts; then, negotiations can be made with the creditor to un-freeze the account.

The debtor can file for bankruptcy protection and explain the situation to the Trustee; that may get somewhere but it probably won't since the account does have the debtor's name on it.

Your mom needs to have a conversation with an attorney who practices ELDER LAW in her state. There are sure-fire ways to be sure money passes properly but that also ensure her assets are hers while she is alive, unencumbered by you.

Your mom is in a sticky wicket. The only thing that is guaranteed to un-freeze the account with assets intact is for the debtor to get the debt on which the judgment is based paid off entirely.

Good luck.

THE INFORMATION PRESENTED HERE IS FOR INFORMATION ONLY AND IS NOT INTENDED AS, NOR SHOULD IT BE CONSTRUED AS, LEGAL ADVICE. FOR ADVICE CONCERNING YOUR PARTICULAR SITUATION, YOU SHOULD CONTACT YOUR ATTORNEY.