Legal Question in Civil Rights Law in New York

bank's refusal to honor Stipulation to remove any restraints from bank accts

After receiving a stipulation from civil court. I paid the fee for Certification and was told to bring this doc. to my bank & they would immediately lift any restraints on my bank accounts. After waiting all day, still no lift of restraint. bank told me they were waiting for the Plaintiff collection agency to authorize the legal dept of my bank. I was told the civil court stamped stipulation and order from the Judge is the no. 1 authourity. What should I do now? should I go right away back to civil court?


Asked on 4/06/07, 6:16 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: bank's refusal to honor Stipulation to remove any restraints from bank accts

You should ask the bank to contact the court if they have an issue with the legitimacy of the court's order (The certification turns the stip into the equivalent of a court's order settling the matter). Otherwise they can be held sued for conversion. Then bring an order to show cause to restrain the bank from restraining your funds or to come to court and give cause as to why they should not be held in contempt. Finally you can also sue them as mentioned above.

Now with all that said. It is probably most prudent for you to get to a lawyer, have him place a call and write a letter first and see if that doesn't scare the bejesus out of them and make them honor the order of the court. It shouldn't cost more than 750 unless you go to a firm on Wall Street.

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Answered on 4/06/07, 9:58 pm


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