Legal Question in Credit and Debt Law in New York

Judgment Rights

I owed $853.61 to a creditor. Though I received a settlement offer, I was not able to accept it. On Nov 17, they froze my personal account and withdrew $201. On Nov 14, my mother was notified by mail that they withdrew $1707.22 from her personal account. This account belongs to my mother, who had me down for emergency purposes. I have no access to her account whatsoever and never knew I was on it until she received this letter and informed me. What are my rights and what are her rights? In total $1908.22 has been removed from both accounts combined, when I only owed $853.61 and they explain that there is only a $100 legal processing fee.


Asked on 11/21/06, 9:54 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Judgment Rights

This is one of those instances where you MUST go to the court where the Judgment was entered IMMEDIATELY and file a motion to have the judgment vacated. If you go to the court ask for help from one of the clerks. If you are listed on the bank account along with your mother, the funds can be FROZEN but not removed unless a supplementary proceeding called a TURNOVER PROCEEDING is commenced by the judgment creditor. If you are successful in getting the judgment vacated the funds should be returned (make sure you ask for that relief!). Good luck.

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Answered on 11/21/06, 11:26 am


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