Legal Question in Credit and Debt Law in New York
Placing Hold on Personal Bank Accounts
Does a collection attourney have the right to place a hold on my personal bank account without notification to me?
2 Answers from Attorneys
Re: Placing Hold on Personal Bank Accounts
no. BUT in order to place a hold on the account they have to allege (claim) that you did receive notice...like when you were served with a summons and complaint which formed the basis for a judgment, which is a necessary item in order to place the hold on your account. The judgment would not be allowed by the court unless they have some statement by the attorney's process server that you did receive notice of the commencement of the law suit that resulted in the entry of the judgment...The restraint on your bank account must refer to the judgment...see the progression? YOU HAVE TO ALLEGE YOU NEVER WERE SERVED WITH THE SUMMONS AND COMPLAINT SO THE JUDGMENT WAS ENTERED IMPROPERLY AND THE RESTRAINT WAS WITHOUT NOTICE...
Re: Placing Hold on Personal Bank Accounts
The collection agency must give you 'legal notice' of the original lawsuit, but not of the seizure of your assets (bank account).
Unless the original lawsuit is somehow invalid, I am sorry to say that they can take your money.
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