Legal Question in Credit and Debt Law in New York
Bank restraining order stayed
My bank accounts have been frozen because of a default judgement against me. I was not personally served any papers on the matter, so I went to court. I have a signed Order to Show cause that stipulates ''pending the hearing on the motion, the restraining order shall be stayed''. Does that mean the bank has to unfreeze my account so I can have access to my money? When I called one of the banks involved, they said it doesn't mean the account is unfrozen. It just means that the marshalls can't come and take the money. I don't think that is the right interpretation. Doesn't ''stayed pending a hearing on the motion'' mean it's lifted?
1 Answer from Attorneys
Re: Bank restraining order stayed
The bank is correct..otherwise, you might clean out your account if the restraint was proper THEREBY putting the lein holder and bank on the hook.
Good Luck
rrg