Legal Question in Credit and Debt Law in New York

Restraining Notice on Bank Account

I have been divorced since 4/2005. My x-husbands name is on my checking account. I've been working on how to get the bank to remove his name so I wouldn't have to get a new account and lose priviledges.

He owes a credit company a large sum of money and they froze my account as of 3/7/2005. Not only did they freeze my account they are holding double the amount of the judgement. I can prove that every dime in that account is from my paychecks and no contributions are his.

How can I get my money back before it is used to pay his debt. This is all the money I have and I'm desparate to get it back.


Asked on 3/13/06, 10:16 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Restraining Notice on Bank Account

The money cannot be released without going to court using what is called "Turnover Petition" (Asking the Court to have the bank "turn over" the money to them). When that occurs, you need to oppose the Petition in Court and also let the court know about the divorce and how the source of all of the money is yours.

Good Luck

RRG

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Answered on 3/14/06, 9:17 am


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