Legal Question in Credit and Debt Law in New York
My mom died in 1995 she had a insurance policy that was paid up until 1999. I just received the money in December 2011. Now the credit card company that I owe money to, has put a lien on my bank account, can they do this?
3 Answers from Attorneys
One has nothing to do with the other. If you have a judgment against you by a credit card company, they can place a restraint on your bank account funds and have the sheriff seize those funds to satisfy the judgment. Usually the bank will restrain DOUBLE the amount set forth in the judgment.
If you believe the bank account was restrained in error, are disputing the amount of the judgment or never received the paperwork leading up to the judgment, my office may be able to vacate the judgment and allow you access to your funds. In order to accomplish this, you must act BEFORE the sheriff seizes the funds. Once the funds are removed, it is nearly impossible to have them returned.
Please feel free to call my office if you need assistance with this matter.
In New York, if a creditor has sued you and obtained a judgment, they can freeze up to double the amount due. The money obtained from your mother's life insurance policy is likely not exempt from collection/seizure. If you were unaware of the lawsuit or have a meritorious dispute to the claim, the seizure may be overturned. It is important to act quickly. My office can help you identify any available defenses to the lawsuit and the seizure. We handle such matters on a regular basis.
You may be able to save a substantial amount of money if you act promptly. Contact us for a free case evaluation.