Legal Question in Civil Litigation in New York
A default judgment was filed against a corporation on 10/26/10. A Restraining Notice was served on the bank accounts onf 12/31/2010. A Sheriff's Levy was filed 01/07/2011.
We have a loan agreement with the corporation date 12/31/2007 and filed UCC Finiancial Statements in NYS on 09/02/2010 as Secured Parties collaterlized to accounts receivable, and other assets.
Since we are Secured Parties and filed UCC statements prior to the judgment and sheriff's levy, can I demand that the Sheriff release the bank account funds to us without further involvment of legal action?
Asked on 1/10/11, 11:46 am
1 Answer from Attorneys
Kristen Browde
Browde Law, P.C.
Unless it's your judgment, no.
Answered on 1/15/11, 1:17 pm
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