Legal Question in Credit and Debt Law in New York

Re: frozen accounts

The law presumes that joint accounts belong to both account holders equally and totally unless otherwise shown.

There is a burden of proof that you have to show ...and you will need an attorney to do this, if indeed it can be shown.

Good Luck

RRG

Re: frozen accounts

Accounts (joint and otherwise) are frozen after a judgment is entered against you. If you were not aware of the law suit that resulted in the entry of judgment THEN YOU CAN GO TO THE COURT WHERE THE JUDGMENT WAS ENTERED and get the judgment thrown out. Its called an ORDER TO SHOW CAUSE. That will release all the accounts. If you do not, the judgment creditor can get money in accounts solely held by you (NOT JOINT)...to reach funds in a joint account a special proceeding has to be brought by the judgment creditor naming you, the other owner(s) of the account and the BANK. at this special proceeding, there is a presumption at law that the funds in the account are evenly owned. If you can show that the funds are all the OTHER OWNERS, the judgment creditor cannot reach them...ALSO, certain accounts (retirement basically) are beyond the reach of judgment creditors BUT YOU HAVE TO GO TO COURT AND FILE A MOTION TO HAVE THE BANK RESTRAINTS LIFTED...go to court and speak to the PRO SE (pronounced "pro say") clerk who is there so help individuals who do not have attorneys. (you don't really need one). Good luck.