Legal Question in Consumer Law in New York

bank account restrained from a debt collector

how can i get this bank account released? Also could they restrained a joint acct in itf my sons? I would like help on the situation . Rubin & Rothman claimed fro 4,958.00 . they will not give me a settlement.


Asked on 2/28/08, 9:25 am

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: bank account restrained from a debt collector

First determine if you have grounds to vacate the judgment - usually because of improper service of the summons. A creditor can only restrain an account after having a judgment entered. Also - if your bank deposits are from social security or certain other sources, the creditor cannot levy on the funds. If the account is a joint account, the bank will not release funds to the sheriff without a court order - creditors rarely bother. The restraining notice will expire after one year if you do nothing.

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Answered on 3/01/08, 9:05 pm


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