Legal Question in Credit and Debt Law in New York

Bank releasing funds

My bank accounts have been restrained due to a default judgement against me. I have filed an order to show cause that was signed by a judge, and served on the plaintiff's attorneys, because I was not personally served a summons. The order stipulates that the restraint on my account be stayed, pending a hearing in a couple of weeks. In the meantime, the plaintiff's attorneys sent a release order to one of my banks, and they paid the attorneys without any signed release from me. Doesn't the bank require some kind of authorization from me before it can release any money to the plaintiff?


Asked on 9/24/07, 1:24 pm

2 Answers from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Bank releasing funds

I do not know what you mean by a release order. If there is an OSC all proceedings are STAYED pending the hearing on your motion. My guess is that the attorneys sent the matter to the Marshal or Sheriff and his office levied on the funds...in that case your involvement is NOT required. Once a judgment is entered the attorney for the plaintiff has the ability to restrain your account-but ONLY a marshal or sheriff has the authority to actually get the funds. Whether the taking of funds AFTER an OSC is signed is proper should be dealt with by the judge when the hearing takes place.

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Answered on 9/26/07, 11:37 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Bank releasing funds

Nope..they had a judgment.

Good Luck

RRG

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Answered on 9/24/07, 3:33 pm


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