Legal Question in Credit and Debt Law in New York

Restraint on Bank Account...questions

Hi,

Just found out my bank account has a restraint on it.--name removed--had a balance of $800 and now it says -$11,400. The bank said there is a hold for the amount of $12,200 but the debt is really only $6100, that they put a hold for double. Is that normal? If they claim to have a legal right to $6100 how can they try to take double?

In any event,--name removed--called the law office that put the hold on and they just told me a name of the creditor they are collecting for.--name removed--don’t recognize the name or what the debt was for., They could not provide any additional information.

So right now--name removed--can’t pay my rent,--name removed--have checks out there that will bounce (one to the Department of Motor vehicles that if it bounces my driving license will probably be suspended).

Any suggestion as to what my next step is? Assuming that this is a legitimate debt (it very well can be, they say it dates back from 2000 and that’s when--name removed--went through a nasty divorce. All debts were supposed to be paid off with the proceeds of the sale of the house but its possible one slipped through the cracks)

Thank you


Asked on 11/08/05, 11:12 am

1 Answer from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Restraint on Bank Account...questions

A bank may restrain twice the amount of a judgment. If you think the judgment was improperly attained or you have defenses, we may be able to vacate the judgment.

Daniel Clement

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Answered on 11/08/05, 4:16 pm


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