withdrawal of fund from judgmen debtor's bank account

[gamjatang]

could anyone help me in this dilemma.

in new york,
i am a judgment debtor by the judge in small claims court in nyc.

the judgment creditor has seized my bank account in double amount of judgment amount, $5,300 immediatelyafte decision.

my concern is that the creditor withdraws the amount before i start an action for appeal, if the creditor knows i am preparing an appeal.

is there any time requirement that creditor can withdraw the amount from the my bank account.

to get protected my account from the credor's withdrawl, making a deposit of judgment amount with the court is conceivable, however filing a notice of appeal that requires an affidavit of service beforehand is worrysome because the creditor knows
my plan to appeal, so that she can take out the amount promptly if there is no time requirement.


judgment made on 2-21-2002, 20 days as of today.

please help

ppark

 

[JenniferH]

Usually there is a time period (10-30 days) that the creditor must wait for the "appeals" process to take any action. However, you need to contact the court and ask some questions. Some courts do not have an appeals process and I don't know if your state/court level has an appeals process. You need to take action now and check what the appeals process is with the court as well as what the "time" is that a creditor must wait to be able to take enforcement actions.

Don't delay - time is running.

 

[CUDALIS]

i just returned from Queens civil court to file a small claims. you should have asked for the pamphlet ' a guide to small claims court' the pamphlet states that " you can appeal a judge's decision. you cannot appeal an arbitrator's decision. if you decide to appeal, you must file a notice of appeal and pay the required fee withinn 30 days after the judgement is entered. the max in nyc small claims, is $3,000.! call the court at 111 centre st.,nyc, tel# 212/374-5779, they should be able to answer your questions. good luck.