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?


Asked on 11/13/03, 10:58 am

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

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...

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Answered on 11/13/03, 12:39 pm
Andrew Nitzberg Andrew Nitzberg & Associates

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.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 11/13/03, 1:55 pm


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