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Old 07-25-2008, 07:20 PM
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UTMA Account and parental judgement


What is the name of your state (only U.S. law)? NY

If a parent has a judgement against them on a credit card and has a savings account for their child under the UTMA custodial account, on which they are the custodian even though its their child's money, can a collection agency freeze/take that account even though its not the parent's money.
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Old 07-25-2008, 07:50 PM
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Join Date: Jun 2004
Posts: 7,585
Quote:
Originally Posted by CPLR §5201
Debt or property subject to enforcement; proper garnishee. (a)
Debt against which a money judgment may be enforced. A money judgment
may be enforced against any debt, which is past due or which is yet to
become due, certainly or upon demand of the judgment debtor, whether it
was incurred within or without the state, to or from a resident or
non-resident, unless it is exempt from application to the satisfaction
of the judgment. A debt may consist of a cause of action which could be
assigned or transferred accruing within or without the state.
(b) Property against which a money judgment may be enforced. A money
judgment may be enforced against any property which could be assigned or
transferred, whether it consists of a present or future right or
interest and whether or not it is vested, unless it is exempt from
application to the satisfaction of the judgment
. A money judgment
entered upon a joint liability of two or more persons may be enforced
against individual property of those persons summoned and joint property
of such persons with any other persons against whom the judgment is
entered.
CPLR 5205 lists the exemptions.

Has the bank frozen the account already or is the creditor merely threatening to?
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Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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