Can they take money from.....

[LisaNYC]

What is the name of your state? New York

My son owes a few thousand dollars in unpaid parking tickets. The parking tickets are in his name not mine. He received a subpoena in the mail, but the subpoena is addressed to 2 banks. Both of the bank accounts are in my name only not his. I only put his name on for the In trust for section. One part of it is a restraining notice. Can they take any money from my account or freeze my account, because the accounts are in trust for him? I would really hope not, but I'm really nervous about it. I don't even know why they would send these subpoenas to my banks anyway. Thank you, I would really appreciate any info.

[moburkes]

Originally Posted by LisaNYC

What is the name of your state? New York

My son owes a few thousand dollars in unpaid parking tickets. The parking tickets are in his name not mine. He received a subpoena in the mail, but the subpoena is addressed to 2 banks. Both of the bank accounts are in my name only not his. I only put his name on for the In trust for section. One part of it is a restraining notice. Can they take any money from my account or freeze my account, because the accounts are in trust for him? I would really hope not, but I'm really nervous about it. I don't even know why they would send these subpoenas to my banks anyway. Thank you, I would really appreciate any info.

Since his name is on the account, yes. You need to remove ALL funds from those accounts and open another account in YOUR NAME ONLY with NO REFERENCE to your son at another bank.

[JETX]

Originally Posted by moburkes

You need to remove ALL funds from those accounts and open another account in YOUR NAME ONLY with NO REFERENCE to your son at another bank.

And of course, that is NOT true... since the accounts are FROZEN... or did you forget that part??

[moburkes]

Originally Posted by JETX

And of course, that is NOT true... since the accounts are FROZEN... or did you forget that part??

Where does it say that they are frozen? Or, is the supboena a notice that it has already been frozen?

[LisaNYC]

As of right now my accounts are not frozen. My name is the only name on both accounts, my son's name is not on the accounts at all. His name is only there as a beneficiary, that's why I find it strange that the subpoena's are addressed to both of my banks. It says civil practice law and rules section 5222b and then goes on and on it's not really clear what they want next. There are 2 questionnaires both addressed to my 2 banks. On the top of the questionnaires it says Questions and Answers in connection with information subpoena. Thanks for you responses.

[moburkes]

Okay, so he's just the beneficiary. Is that what you meant when you said "In trust"?

The parking tickets are in his name. Who owns the vehicle? Are you on the title or the registration?

[You Are Guilty]

Originally Posted by LisaNYC

As of right now my accounts are not frozen. My name is the only name on both accounts, my son's name is not on the accounts at all. His name is only there as a beneficiary, that's why I find it strange that the subpoena's are addressed to both of my banks. It says civil practice law and rules section 5222b and then goes on and on it's not really clear what they want next. There are 2 questionnaires both addressed to my 2 banks. On the top of the questionnaires it says Questions and Answers in connection with information subpoena. Thanks for you responses.

An information subpoena is just the city's way of looking to see if your son has any bank accounts containing money which can be used to pay off his outstanding tickets. The banks that get them respond saying either "Yes, we have an accoutn with son's name on it containing $XXX.XX" or "No, we have no accounts with that name". Once the city learns where "son's" money is, they will freeze the account (for 2x the amount owed) and then attempt to collect it.

That's why you need to close any accounts with his name on them and reopen them in your name alone (assuming the accounts only contain your money, of course). Otherwise, you'll either be paying for your son's tickets, or be fighting your bank, the sherriff and the city for a looooong time for something that's not your problem in the first place.

Good luck.

[JETX]

Originally Posted by moburkes

Where does it say that they are frozen? Or, is the supboena a notice that it has already been frozen?

From the OP's post: "One part of it is a restraining notice."
Of course without ALL the facts, we can only assume... but the 'restraining notice' would put a freeze on the funds.

restraining order
n. a temporary order of a court to keep conditions as they are until there can be a hearing in which both parties are present. More properly it is called a temporary restraining order (shortened to TRO).

[LisaNYC]

No, the title and the registration is not in my name and I don't own the vehicle. So basically since he is only the beneficiary can they or can't they freeze or take my money?
Thanks

[CourtClerk]

Originally Posted by moburkes

Okay, so he's just the beneficiary. Is that what you meant when you said "In trust"?

The parking tickets are in his name. Who owns the vehicle? Are you on the title or the registration?

My 11 year old's savings account is in (my name) "in trust" for (his name). My neices is in (my mom's name) GAL for (her name). She may need to call her bank, but depending on how the bank sees it, it may be sonny boy's bank account.

Mom, why not talk to your child about being responsible, let them take the money and make him pay it back instead of trying to hide the money and let him shirk responsibility? What kind of lesson is that teaching him? Can someone tell me what is up with all these parents trying to protect their kids when they are wrong as two left feet?

[moburkes]

Yes, In trust for, and being the beneficiary of, are two COMPLETELY different things. So, OP, if the accounts haven't been frozen, you need to follow the advice listed above. If they have been, then you are SOL.

[LisaNYC]

Mom, why not talk to your child about being responsible, let them take the money and make him pay it back instead of trying to hide the money and let him shirk responsibility? What kind of lesson is that teaching him? Can someone tell me what is up with all these parents trying to protect their kids when they are wrong as two left feet?<<<<<<<<<<<<

Well, that would be because if they take my money or freeze my account my entire life savings are in those accounts, and if they take it then I would be completely broke. I'm not interested in teaching him a lesson at this moment I am more concerned with feeding my children and paying my rent. It's called being a single parent.

[LisaNYC]

Yes, In trust for, and being the beneficiary of, are two COMPLETELY different things.

What is the difference, I was under the impression that in trust for means that when I die he would get the money? Is that wrong?

thanks

[CourtClerk]

Originally Posted by LisaNYC

Mom, why not talk to your child about being responsible, let them take the money and make him pay it back instead of trying to hide the money and let him shirk responsibility? What kind of lesson is that teaching him? Can someone tell me what is up with all these parents trying to protect their kids when they are wrong as two left feet?<<<<<<<<<<<<

Well, that would be because if they take my money or freeze my account my entire life savings are in those accounts, and if they take it then I would be completely broke. I'm not interested in teaching him a lesson at this moment I am more concerned with feeding my children and paying my rent. It's called being a single parent.

the accounts are in trust for him

Spare me the single parent crap as I am a single parent also. If that money is "in trust for" your son, you obviously aren't using it for your day to day expenses. If you were, then it would be in your own personal checking/savings accounts and you wouldn't be worried about him having money when you die. It's a shame that you would condone your child being so irresponsible that he has racked up a couple of thousand dollars in PARKING TICKETS no less (which means he obviously doesn't read the signs well or know the laws).

Also, they wouldn't take your entire life savings, just enough to pay off what your kid owes. And again, MAKE THE IRRESPONSIBLE KID OF YOURS PAY YOU BACK.

[LisaNYC]

Spare me the single parent crap as I am a single parent also. If that money is "in trust for" your son, you obviously aren't using it for your day to day expenses. If you were, then it would be in your own personal checking/savings accounts and you wouldn't be worried about him having money when you die. It's a shame that you would condone your child being so irresponsible that he has racked up a couple of thousand dollars in PARKING TICKETS no less (which means he obviously doesn't read the signs well or know the laws).

Also, they wouldn't take your entire life savings, just enough to pay off what your kid owes. And again, [b]MAKE THE IRRESPONSIBLE KID OF YOURS PAY YOU BACK

First of all yes the money is for my day to day expenses that's why I said if they take it it would be my life savings. The only reason why it is in trust for him is because when I opened the account they asked me if I wanted to put it in trust for anyone, so I put his name down. Second of all yes it is irresponsible to have all those tickets, but the way they added up is from a company he use to work for and other people drove the van in his name and got tickets on it and never paid for them, but that's a whole different issue. Also he is going to pay it, because my account has less in it then the tickets are worth. So he has to pay it by some type of payment plan. His mistake was letting it go this far and not paying it originally. I think the biggest lesson is that had he paid it to begin with, it would be much less money than he owes now. That's the big lesson. When and where did I ever mention anything about condoning it? I never said anything about my personal feelings about it. You just wrongly assumed that. I have been telling him for months to pay the tickets.