Legal Question in Civil Litigation in New York

Re: Collecting on a Judgment via Restraining Order on Bank Acct.

Assuming that you obtained the judgment in New York State, your next step would be to file the judgment at the county clerks office in the county within which the defendant resides. You should be aware that by doing so, if the defendant owns any real property in that county the judgment will attach as a lien, which will accrue interest.

As for restraining bank accounts, if you know where the defendants bank account(s) are, you would serve a restraining notice and an information subpoena upon that bank. Upon receipt of the restraining notice, most banks will sieze monies equal to double the amount of the judgment. Moreover they will seize checking or savings accounts (whether held individually or jointly), CD's, and even safe deposit boxes. The information subpoena will require the bank to provide you with the account numbers and the balance in each account. once you get this information, you can deliver it to the local sheriff who will then go to the bank and take out the money for you. The restraining notice and subpoena are standard forms which you may purchase from a store which sells legal forms. If you do not know where the defendants bank accounts are, there are services which, for a fee, will serve restraining notices and information subpoenas on every bank in two countys, generally the one in which the defendant works and the other in which the defendant lives. For futher info feel free to call for a free consultation.

Very truly yours, Andrew J. Campanelli

Re: Collecting on a Judgment via Restraining Order on Bank Acct.

There are two parts in collecting against a judgment debtor's bank account. The first part is the restraining notice. The restraining notice must be served in accordance with NY CPLR section 5222. As a pro se litigant, you cannot serve the restraining notice. It must be served by either the clerk of the court or the attorney for the judgment creditor as officer of the court.

Once the restraining notice is served and the account is restrained, collection is through a Sheriff or Marshall (depending on where you are located).

Information about filing a property execution form with the Sheriff or Marshall is found in NY CPLR section 5230. And as with the restraining notice, an execution notice may only be served by either the clerk of the court or the attorney for the judgment creditor as officer of the court.

Mike.

Re: Collecting on a Judgment via Restraining Order on Bank Acct.

Section 5222 of the CPLR permits an attorney or the clerk of hte court to issue a notice restraining any person holding the property of a judgment debtor from delivering such property to the judgment debtor.

Where the Judgment debtor is an individual he o she must be notified of the restraint within four days of service upon the restraining notice. The manner of service is set forth in CPLR 5222.

Once the funds have been restrained either a sheriff or marshal can execute upon the funds, or you can get a court order directing that the funds necessary to satisfy the judgment be turned over to you.

It is importent that you follow the rules set forth in the CPLR because if you do not, you can find yourself liable to the judgment debtor.