Legal Question in Credit and Debt Law in New York
judgement 15 years old & checking account restarining order
Almost 3 weeks ago,I was notified by the bank that there was a restaining order on my checking account from a judgement that's 15 years old..Can they do this & can I open another checking account?
2 Answers from Attorneys
Re: judgement 15 years old & checking account restarining order
Judgments are "good" for 20 years and can be extended further. The restraint on your account is valid. Yes you can open another account, and the creditor can get lucky and find that account as well if you don't have sufficient assets in the first restrained account to cover. You don't mention amounts but it would be a good idea to contact the attorney for the judgment creditor and try to work something out.
Re: judgement 15 years old & checking account restarining order
This is a difficult situation. Unless you can repeal or 'set aside' the judgment, then the attachment of your account is legal and the money will go to the judgment holder.
Yes, you can open other accounts. The creditor must search out and find them to get the money.
The only way to 100% protect yourself is to either fight the judgment or file for Bankruptcy. Find a capable attorney to discuss your situation with you.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
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