Legal Question in Credit and Debt Law in New York

Restraining order

I owe a past due credit card bill. I had a restraining order placed on my checking account and my wages are being garnisheed even though I never received a summons or went to court. Assuming this is even legal (which I highly doubt), can the bank restraint be kept on even after they are receiving payments through a wage attachment and, if so, for how long? Also, can I cash my paycheck at my bank with the restraining order on it or will they take the check that I try to cash? It's not that I am disputing this debt. I just never got a chance to ask a judge to lower the monthly payments to something I could afford which the credit card company refused to do. They just want the most they can get as soon as they can get it so they supposedly hired this law firm who never contacted me. With 3 young kids, this is driving me to bankruptcy real soon...Please advise...thanks!!


Asked on 7/21/09, 2:32 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Restraining order

The restraining order will remain in place until the amount of the judgment is paid, or you get the default judgment set aside, and the attachment and

wage garnishsment vacated. To do the latter, you need to bring an order to show cause and show a reasonable excuse for the default, and a meritorious defense.

Read more
Answered on 7/21/09, 1:01 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York