Legal Question in Credit and Debt Law in New York

3rd restraint on 3rd bank account

I currently have a garnishment on my salary from Lawyer A. After starting the garnishment, Lawyer A said he will release my account at Bank 1, after I provided a copy of my pay stub, showing my garnishment.

Six months ago Lawyer B restrained my account at Bank B. I told them I had a garnishment from Lawyer A. They approved a copy of my paycheck and a bank check for my balance ($200), and they released my account. Lawyer B is next in line for garnishment.

On 1-23-08, Lawyer C restrained my account at Bank B. I currently have -43 in there. ($3 bal, auto-withdrawal from Paypal, paypal won't stop the transaction) I called Lawyer C and they said they will *not* release my account, because and I quote them, ''I don't have to do anything, you have no money to give me, so why should I release your account? Lawyer B was being nice'' I said I was filing bankruptcy in a few weeks, and they said they will release it when they get the paperwork. (automatic stay)

Because I already have a garnishment from Lawyer A, and Lawyer B is next, does Lawyer C have to release my account?

If this were legal, I'd never be able to have a bank account, even though I am currently paying someone off.

thank you.


Asked on 2/13/08, 12:47 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: 3rd restraint on 3rd bank account

No, they do NOT have to release your account. Although the law allows only 1 garnishment at a time, there is NO restriction on the number of restraints that can be filed on one or more of your accounts. Good luck.

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Answered on 2/13/08, 3:21 pm


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