Legal Question in Credit and Debt Law in New York

Re: Garnishment

While it's possible that some banks would open an account for you, the issue here is the steps your creditor may take to obtain satisfy their judgment. Restraining and then seizing your bank account assets is a very real possibility, depending on the amount of the judgment. For a more in-depth discussion of your options, I would advise that you seek a consultation with my office.

Re: Garnishment

Yes you can open a bank account. While the law does not prevent a judgment creditor from using more than one method of enforcing its judgment... the probability is that (a) the creditor won't know about the bank account and (b) the attorney firm collecting the debt won't even issue subpoenas to the banks because you are already paying the City Marshal. You might want to contact the attorneys and tell them you want to sign a stipulation that binds you to pay (which you are already doing. The stipulation prevents the attorneys from doing anything else while you are in repayment. Better yet, if you have not had any prior communications with the attorneys and you have no recollection of being served with the summons and complaint and/or you are not sure that the amount you were sued for is what you actually owed (or you have a dispute that was not resolved) you might go to the courthouse where the judgment was entered and file a motion to have the judgment vacated. IF the court vacates the judgment (and they usually do) that would stop the garnishment and force the attorneys to deal with you...you could then sign a stipulation settling the matter (maybe for a reduced amount and smaller monthly payments) and then you could open a bank account without any fear of them seizing those funds...just stay current with your payments and they can't take any further enforcement steps while you are in compliance with the agreement. Good luck.

Re: Garnishment

If a Creditor is Garnishing your salary, it generally means that your creditor has a judgment against you, which means that they can levy against your bank account.

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