Judement and Bank Account Hold

[BobbiJean]

We live in Buffalo, New York. In Jan. we we evicted from our apt. for non-payment of rent. At the time I worked from home and lost my business and income. We lived seven mos. in a shelter network for homeless families. Currently, we receive $700/mo welfare while I rebuild my business working per diem. The landlord and their attnys. knew of our financial situation from day one. On Aug. 27 we responded to a court summons for judgement of back rent owed. We never denied owing this money, it's just that at the present time we are in no position to begin repayment. The attnys. gave simpathetic acknowledgement of our reason for non-payment, then last week slapped a hold of over $6k on our bank account of $150 to freeze our "assets". What they froze was rent money taken from the EBT benefit account, along with direct debit payment of our utilities. What legal recourse do I have in this case? How can I get my bank account back? What can I do to buy some time and prevent further action?

 

[JETX]

You might consider filing an exemption request for the funds taken from the account, but in order for the exemption to be granted, you will have to prove that the source of funds was exempt per state law.

As for your question of how to cease further 'surprises of enforcement', there really isn't any way other than to negotiate a payment plan with the judgment creditor.

I appreciate your desire to be self-employed and all ("worked from home and lost my business and income"), but there are certain times in a persons life when they must put their dreams of independence aside and get a job to provide for their needs. It sounds like that time might have come.