Legal Question in Credit and Debt Law in New York
enforcement of out-of-state judgment on NY bank account
1)Do you have to register an out-of-state federal money judgment in NY before you can levy on a NY bank account?
2) Can you have an ex parte proceeding (OSC, TRO, etc.) without notice to the debtor to freeze accounts in NY?
3) How do you proceed to freeze a bank account for satisfaction of a money judgment if you believe the account is the name of an alias for the debtor?
1 Answer from Attorneys
Re: enforcement of out-of-state judgment on NY bank account
1. Yes.
2. Not necessary. The correct procedure is simpler and is done without notice to the judgment debtor. The only catch is with default judgments, which can only be entered by court order on notice.
3. You serve a correctly drafted restraining notice on the garnishee.
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