Legal Question in Credit and Debt Law in New York

Restraining Order on Bank Account/ No funds available for rent, food, cost of li

I have foolishly avoided dealing with debts. Have now been issued a notice from bank that bank accts have been issued a legal process from attorney w/a restraining order. Twice amt of judgement is to be held until twice amt of judgement is obtained. i have no credit/credit cards or any other savings/funds/cash other than what's being held. All that is in checking acct is all i have to live on for rent,utilities, food,transportation,etc.. is this legal? how can i pay back judgment w/out lien against my funds. i literally have $4 to my name and cannot access $ anywhere else. do i need lawyer to negotiate/deal with attorney who served process or can i successfully do it on my own? im terrified and desperate. rent check is going to bounce.


Asked on 9/27/04, 6:55 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Restraining Order on Bank Account/ No funds available for rent, food, cost o

You did not tell me how much money is actually in the bank. By the way...they can restrain up to twice the amount of the judgment...but they can only take the judgment amount, plus whatever interest has accrued on the judgment since it was entered, plus Marshal's fees (a Marshal or SHeriff is the only one who can actually get the money from the account...they charge 5% of the amount they collect as their own fee). STRONGLY Suggest you go to the court where the judgment was entered and file a motion to have the judgment thrown out (vacated) that would automatically remove the restraint on your account. Then you can deal with the attorney and make a settlement. BUT YOU HAVE TO MOVE FAST...whatever funds are in the bank will be sent within 30 days IF THERE IS SUFFICIENT FUNDS IN THE BANK TO MAKE IT WORTHWHILE for the attorney for the creditor. If you cannot pay your necesary expenses you can file for a modification of the restraint subpoena YOU ALSO HAVE TO GO TO THE COURT FOR THAT. SPeak with the PRO SE clerk (pronounced PRO SAY) who will help you without having to hire a lawyer.

Good luck

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Answered on 9/28/04, 9:22 pm


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