Legal Question in Credit and Debt Law in New York
Levy on bank account
I had a levy placed on my bank account and because of this I am not able to pay my mortgage, pay utilities, etc. Is there a way for me to get the $ back. I have tried to work out an arrangement with creditor but they are not will. Can I take any form of legal action to get money back?
2 Answers from Attorneys
Re: Levy on bank account
Depends on whether you owe the money or not and whether you were properly served with the underlying lawsuit.
There has to be a judgment in order for them to freeze your account.
Also there are certain exemptions in the law which may enable you to get some of the money returned, if qualified.
Contact me by Email and I will send them to you.
Re: Levy on bank account
A restraint can't exist umless there is a judgment...of which you should have received some sort of legal proceeding notice.
Good to the court from which the judgment issued (the basis for the restraint) and ask them for an order to cause. This might get you money back if it has not already been turned over.
Good Luck
RRG