Legal Question in Consumer Law in New York
I owe a debt. The only uncome I have coming in is social security disability. I think one of the collection agencies is trying to get my bank where I have my check direct deposited every month to cheat me out of money. What can I do?
1 Answer from Attorneys
A collection agency cannot touch your bank account. The debt collector would have to get an attorney to file a motion for a judgment against you. At that point there would be a hearing at which you could appear and bring up any defenses.
Even if you have no defenses, there is a NY law which does not allow a creditor to garnish your bank account if it only contains social security money. There can be absolutely no other money in the account, though.
NOTE: This answer is made available by the lawyer for educational purposes only. You understand that there is no attorney client privilege between you and the attorney responding. This answer should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
Related Questions & Answers
-
Is it illegal to put your label on something that isn't your product?like buying... Asked 5/14/10, 10:53 am in United States New York Consumer Law
-
I placed a deposit of $9,500 for the puchase of a vehicle with promise to make... Asked 5/07/10, 7:44 am in United States New York Consumer Law