Legal Question in Credit and Debt Law in New York

Trying to unfreeze my bank acct.

I am trying to get my account unfrozen from a credit card freeze. I have been in contact with the card and they want verification of the money in my account they say they sent over paperwork via fax, I have contacted the bank they say they did not get anything. I have asked for it to be refaxed but in the meantime my account has been frozen for 5 days and they froze twice as much as I owe, I only owe 1500 and they put a hold on for 3000. Is there a time limit or anything that they have to do something? I have tried to make a payment arrangement but the collection company just keeps telling me they will take the offer to the client once they get the verification and in the mean time I have checks out, is there anything I can do? If they accept the offer and my checks bounced, is there anything I can do?


Asked on 1/02/07, 9:17 am

1 Answer from Attorneys
Frank Pintauro Donohue & Partners, PC

Re: Trying to unfreeze my bank acct.

It appears that the creditor served the bank with a restraining notice, which is not a levy, or lien on the assets, unless you agree to pay the amount owed. The restraining notice is good for a maximum of 1 yr and cannot be served more than once without court order. The easiest solution is to pay the debt by authorizing the bank to transfer the appropriate amount to the creditor. In the meantime you should contact those entities you have sent checks to and advise of the problem and arrange, if possible, for another method of payment (i.e. money order). If the creditor continues to delay withdrawing the notice even when you are willing to pay the debt, you could try and seek an injunction from a court staying the enforcement of the notice with you depositing the amount owed in some form of escrow account.

Read more
Answered on 1/02/07, 9:31 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York