Legal Question in Credit and Debt Law in New York

Retraint on Bank Acct with no funds in acct

I have a restraint on my checking acct since 7/06. When the restraint was placed on my acct there was only 7.14 in there. Up until current the restraint is still on my checking acct. I have spoken with attorney's office to find out why they are still holding the restraint on my ckecking acct. I made pmt arrangements for the acct, but I was told until I pay 30% of what is outstanding they will then release my acct. while the restraint remains on my acct I am being charged service fees by bank. My question is can my acct remain restrained with no funds available in the acct?


Asked on 8/02/07, 11:18 am

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

Re: Retraint on Bank Acct with no funds in acct

Restraints are good for one year after they attach. It should be lifted by your bank unless the attorney for the judgment creditor renews it. No matter what is in the account now, it is effective if at the time of service there was something in the account. I would check to see when the one year anniversary is and one day after, the account should be released without any additional action on your part.

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Answered on 8/02/07, 12:42 pm


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