Legal Question in Credit and Debt Law in New York

Re: The Lawyer

There are scads of protections under the New York Civil Practice Law and Rules, and the Federal Fair Debt Collection Practices Act. Too numerous to list, but here are some highlights.

1. If a collection attorney is sending out Restraining Notices or Executions to a debtor's bank account, he has to give the debtor a notice by certified mail that he's doing so. Did your husband know a judgment was entered? Did he receive such a notice?

2. What may have happened, and I saw this happen quite recently, is as follows. The creditor's attorney sends an Information Subpoena to what he thinks is your husband's bank. Then one of two things happens: either (a) the bank mistakes this for a Restraining Notice on the account and simply freezes it, or (2) it may be the bank still has your husband's name associated with the account (maybe it used to be a joint account?), so they list both of you as on this account.

Best thing to do first is to get the complete info from the bank and the creditor's attorney. If he froze an account in which the debtor has no interest, he's in big trouble.

One other thought -- under NY law, a wife will be liable for her husband's "necessaries," i.e. for medical services rendered to him in some cases. But they would have to sue you, not just him, to get a judgment against you under this theory. So, if they mistakenly froze your account, it may be that they can get to you eventually if the services are deemed "necessaries," so you might want to consider settlement.

If the amount warrants it, this one probably worth consulting an attorney for all the details.