Legal Question in Consumer Law in New York

I owe a debt. The only uncome I have coming in is social security disability. I think one of the collection agencies is trying to get my bank where I have my check direct deposited every month to cheat me out of money. What can I do?


Asked on 5/22/10, 10:45 am

1 Answer from Attorneys

Carol Brent Brent Law Firm, PC

A collection agency cannot touch your bank account. The debt collector would have to get an attorney to file a motion for a judgment against you. At that point there would be a hearing at which you could appear and bring up any defenses.

Even if you have no defenses, there is a NY law which does not allow a creditor to garnish your bank account if it only contains social security money. There can be absolutely no other money in the account, though.

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Answered on 5/28/10, 5:31 am


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