Legal Question in Credit and Debt Law in New York

Re: Bank account frozen with child support money in it

Child Support payments are immune from garnishment under CPLR 5203(d)(3). You could tell the Bank that if they send the money to the creditor, you'll sue their #^@^!#$% off; or you could tell the lawyer that to release the restraining notice NOW; if he does not, consider reporting him to the DDC (Departmental Disciplinary Committee) BUT DO NOT THREATEN THE LAWYER: JUST DO IT IF YOU'RE RIGHT AND HE BLOWS YOU OFF. Of course, you should not take these actions unless you can document that the money in the account really is child support, since if you can't, you'll just make matters worse. You should ask a neighborhood lawyer: most of them will give you a half-hour free of charge. Ask around, you need legal services and this (BBS) is not a good delivery method for practicing law.

Re: Bank account frozen with child support money in it

The child suppport money is immune from collection. But just keep in mind that you will have to prove that the money in the checking account is truly the child support money. As with most people - a checking account is used for many transactions and there are many deposits from many sources including paychecks, etc. All deposits and money that is NOT from child support the creditor or creditor's attorney can legally sieze.

Re: Bank account frozen with child support money in it

both attorneys are right...funds in a regular checking account don't indicate their purpose...YOU have to prove they are for child support. YOU must go to the court where the judgment against you was entered and ask the clerk how you can VACATE the judgment AND get the bank restraint lifted because the funds are exempt from creditors restraint. You'll have to prove the funds are for child support. GO TO COURT IMMEDIATELY and speak to the PRO SE (pronounced "pro say" clerk). That is the clerk who helps individuals who do not have lawyers.