Legal Question in Landlord & Tenant Law in New York

tenant landlord

according to bill passed in senate a restraining order cannot be placed on bank account if there is direct deposit of certain kinds of benefits up to 2500$ i receive ssi and child support and these are 2 of a few mentioned in the bill. can a judge still issue a freeze on the tenants account


Asked on 6/13/08, 10:10 am

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: tenant landlord

genrally, there are individuals which are termed 'judgment proof' meaning that funds can not be taken from them in order to satisfy a judgmnt such as this, those with the particular types of income you discusses fall into that category... so generally, the answer would be no - such moneys can not be frozen as income that does not qualify for payment of such a judgment -

furhtermore, there are various programs which if you are on public assistance you may qualify for, such as jiggets... which will pay off your back owed rent... there are MANY legal services offices throughout the city that handle such cases for no cost, find one, get them to help you!

good luck!

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Answered on 6/13/08, 10:38 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: tenant landlord

A few important corrections.

First, a Bill is not law.

Second, it is the lawyer, not the judge, who places the restraint on your account. As for your question, there are a few recent court decisions which have held (to the effect) that a judgment creditor may not restrain an account into which only benefits are deposited.

If your account only (or mainly) contains exempt benefit deposits, alert the judgment creditor immediately. They may release the account without further ado.

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Answered on 6/13/08, 12:57 pm


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