Legal Question in Credit and Debt Law in New York

Credit card collection

I owe a credit card company $2900 dollars, they are now in the process of sueing me , I am 75 years old and living on social security,me and my wife's social security is directly deposited to our checking account.Can our checking account be frozen along with the $1000 dollars we already have in there that we use to pay our bills? Thank You


Asked on 3/05/04, 3:01 pm

1 Answer from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Credit card collection

You can be sued and a judgment can be entered against you. Once a judgment is entered the judgment creditor can restrain funds in your bank account for TWICE the amount of the judgment. When they (the attorneys for the judgment creditor) issue the documents that result in a hold being placed on bank accounts the law requires they provide you with a document that advises you of your right to modify the hold IF the funds in the account are protected (like social security.) (they cannot get social security out of your account). Unless the bank has set up the account EXCLUSIVELY for this purpose they (the bank) may allow the account to be restrained and it would be up to you to do something about it. I would write to the attorneys NOW and tell them you have an account that is SOLEY for SOCIAL SECURITY and I would tell the bank NOT to honor any restraint subpoena for the same reason. If they do and they were wrong to do so you could be entitled to compensation...(they'll charge you legal fees for placing the restraint on your account!!). Good luck. Try to work something out with the attorneys settle for s small amount...

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Answered on 3/05/04, 3:57 pm


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