Legal Question in Credit and Debt Law in New York

I have multiple judgments on my financial record. Can any or all of my creditors access my bank account and put a lien on my money

Thank you

Andy


Asked on 9/17/09, 10:18 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Generally speaking, the answer is yes.

Mike.

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Answered on 9/23/09, 7:53 am
Stephen Starr Starr & Starr, PLLC

A creditor with a judgment can both garnish the judgment debtor's wages and levy a writ of execution against the judgment debtor's bank account (or just restrain the account pursuant to a restraining notice).

Please see the prior posting on our Blog (newyorkbankruptcylawyerblog.com) on the topic of dealing with a default judgment. The posts are:

Help A Collector Has Frozen My Bank Account in New York, Queens, Bronx, Brooklyn! http://www.newyorkbankruptcylawyerblog.com/2008/10/help_a_collector_has_frozen_my.html

- and -

What Can I Do If a Default Judgment Has Been Entered Against Me in New York? http://www.newyorkbankruptcylawyerblog.com/2008/10/what_can_i_do_if_a_default_jud_1.html

The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice for your situation. You should consult with an attorney.

Best regards,

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Answered on 9/23/09, 10:01 am
Paula McGill Paula McGill Attorney at Law

The prior two answers are correct. However, if you don't want to file for bankruptcy and you are fearful that you won't have access to your money, you shouldn't have direct deposit. Indeed, although the law subjects a fraction of your income to garnhisment, a bank lien can wipe out the rest of your income if you have direct deposit.

If possible, have your employer issue you a hard check, cash the check at your employer's bank and pay $0.50 to $1.00 for money orders. Just in case your current bank account is seized by your creditors, you'll still have money to pay your bills and live.

(Licensed in New York)

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Answered on 9/26/09, 8:50 pm


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