Legal Question in Civil Rights Law in New York

hi i filed bankruptcy july 2009. a creditor has just placed a restraing order on my joint account with my mother. we both receive Social security benefits. i emailed hime a statement showing hime this but he said he will still not release our funds. back in 2008 a law was passed called epia that states ssi and ssd is prtected what should i do. I am really scared i need to get my medications and so does my mother and are unable to do to the freeze on or accoung ie social security money.


Asked on 4/05/10, 8:41 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

If the creditor was notified of, and listed in your bankruptcy filing, what they are doing is illegal. If the debt was not discharged by your bankruptcy, because you didn't include it, then it is valid. While SSI is not subject to collection, your bank account is, and the best way to get out of the situation you are in is to work out a payment plan with the creditor.

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Answered on 4/18/10, 8:45 am


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