Legal Question in Credit and Debt Law in New York

cease of accounts

my husbands bank acct was frozen today due 2 collection action on his ex-wife from 15 yrs ago. coll agent said his ex-wifes name was still on a current acct, so they can legally freeze all his assets/monies, which they did. refuse to release without payment from ex-wife, yet we're no longer in contact with ex-wife. coll agent says by law they can do this. meanwhile my husband has no access to his bank acct, and no contact with ex-wife. can that coll agent legally Do this?!?!?! Please please help!!!

V


Asked on 3/10/08, 4:55 pm

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: cease of accounts

First, verify if in fact ex-wife's name is still on the account. If not, provide creditor's attorneys with proof. They cannot freeze all of your husband's assets - only those accounts with ex-wife's name on them. Note that the bank will not turn over money from a joint account without a court order - which is rare. The restraining notice would then expire in one year.

Is the ex-wife obligated to pay this debt pursuant to the divorce agreement or judgment? If so, your husband can bring a motion to have her pay the judgment.

Have your husband open a new bank account in his name only - to avoid future problems.

Call my office directly if you would like more information.

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Answered on 3/10/08, 9:11 pm


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