Bank account attachment

[JohnC]

What is the name of your state? New York
I just learned that Mel Harris is playing games with me again. 1) I asked for proof that I owed a debt and never received a response.
2) He attaches a large sum money in my bank account. Never got served with any papers of any kind.
3) Money in account is workmans comp and company paid penson funds.


Question: Can they go after above money. It also appears that they are attaching far more then I owed.
Account is over 6 years old and no longer listed on credit report.

 

[You Are Guilty]

Question: Can they go after above money. It also appears that they are attaching far more then I owed.

NY banks will freeze 2x the amount of the judgment when served with the judgment/levy.
As far as what is exempt, here's the list:

§ 5205. Personal property exempt from application to the satisfaction
of money judgments.
(a) Exemption for personal property. The following
personal property when owned by any person is exempt from application to
the satisfaction of a money judgment except where the judgment is for
the purchase price of the exempt property or was recovered by a
domestic, laboring person or mechanic for work performed by that person
in such capacity:
1. all stoves kept for use in the judgment debtor's dwelling house and
necessary fuel therefor for sixty days; one sewing machine with its
appurtenances;
2. the family bible, family pictures, and school books used by the
judgment debtor or in the family; and other books, not exceeding fifty
dollars in value, kept and used as part of the family or judgment
debtor's library;
3. a seat or pew occupied by the judgment debtor or the family in a
place of public worship;
4. domestic animals with the necessary food for those animals for
sixty days, provided that the total value of such animals and food does
not exceed four hundred fifty dollars; all necessary food actually
provided for the use of the judgment debtor or his family for sixty
days;
5. all wearing apparel, household furniture, one mechanical, gas or
electric refrigerator, one radio receiver, one television set, crockery,
tableware and cooking utensils necessary for the judgment debtor and the
family;
6. a wedding ring; a watch not exceeding thirty-five dollars in value;
and
7. necessary working tools and implements, including those of a
mechanic, farm machinery, team, professional instruments, furniture and
library, not exceeding six hundred dollars in value, together with the
necessary food for the team for sixty days, provided, however, that the
articles specified in this paragraph are necessary to the carrying on of
the judgment debtor's profession or calling.
(b) Exemption of cause of action and damages for taking or injuring
exempt personal property. A cause of action, to recover damages for
taking or injuring personal property exempt from application to the
satisfaction of a money judgment, is exempt from application to the
satisfaction of a money judgment. A money judgment and its proceeds
arising out of such a cause of action is exempt, for one year after the
collection thereof, from application to the satisfaction of a money
judgment.
(c) Trust exemption. 1. Except as provided in paragraphs four and five
of this subdivision, all property while held in trust for a judgment
debtor, where the trust has been created by, or the fund so held in
trust has proceeded from, a person other than the judgment debtor, is
exempt from application to the satisfaction of a money judgment.
2. For purposes of this subdivision, all trusts, custodial accounts,
annuities, insurance contracts, monies, assets or interests established
as part of, and all payments from, either any trust or plan, which is
qualified as an individual retirement account under section four hundred
eight or section four hundred eight A of the United States Internal
Revenue Code of 1986, as amended, a Keogh (HR-10), retirement or other
plan established by a corporation, which is qualified under section 401
of the United States Internal Revenue Code of 1986, as amended, or
created as a result of rollovers from such plans pursuant to sections
402 (a) (5), 403 (a) (4), 408 (d) (3) or 408A of the Internal Revenue
Code of 1986, as amended, or a plan that satisfies the requirements of
section 457 of the Internal Revenue Code of 1986, as amended, shall be

considered a trust which has been created by or which has proceeded from a person other than the judgment debtor, even though such judgment debtor is (i) in the case of an individual retirement account plan, an individual who is the settlor of and depositor to such account plan, or (ii) a self-employed individual, or (iii) a partner of the entity sponsoring the Keogh (HR-10) plan, or (iv) a shareholder of the corporation sponsoring the retirement or other plan or (v) a participant in a section 457 plan. 3. All trusts, custodial accounts, annuities, insurance contracts, monies, assets, or interests described in paragraph two of this subdivision shall be conclusively presumed to be spendthrift trusts under this section and the common law of the state of New York for all purposes, including, but not limited to, all cases arising under or related to a case arising under sections one hundred one to thirteen hundred thirty of title eleven of the United States Bankruptcy Code, as amended. 4. This subdivision shall not impair any rights an individual has under a qualified domestic relations order as that term is defined in section 414(p) of the United States Internal Revenue Code of 1986, as amended or under any order of support, alimony or maintenance of any court of competent jurisdiction to enforce arrears/past due support whether or not such arrears/past due support have been reduced to a money judgment. 5. Additions to an asset described in paragraph two of this subdivision shall not be exempt from application to the satisfaction of a money judgment if (i) made after the date that is ninety days before the interposition of the claim on which such judgment was entered, or (ii) deemed to be fraudulent conveyances under article ten of the debtor and creditor law. (d) Income exemptions. The following personal property is exempt from application to the satisfaction of a money judgment, except such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his dependents: 1. ninety per cent of the income or other payments from a trust the principal of which is exempt under subdivision (c); provided, however, that with respect to any income or payments made from trusts, custodial accounts, annuities, insurance contracts, monies, assets or interest established as part of an individual retirement account plan or as part of a Keogh (HR-10), retirement or other plan described in paragraph two of subdivision (c) of this section, the exception in this subdivision for such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his dependents shall not apply, and the ninety percent exclusion of this paragraph shall become a one hundred percent exclusion; 2. ninety per cent of the earnings of the judgment debtor for his personal services rendered within sixty days before, and at any time after, an income execution is delivered to the sheriff or a motion is made to secure the application of the judgment debtor's earnings to the satisfaction of the judgment; and 3. payments pursuant to an award in a matrimonial action, for the support of a wife, where the wife is the judgment debtor, or for the support of a child, where the child is the judgment debtor; where the award was made by a court of the state, determination of the extent to which it is unnecessary shall be made by that court. (e) Exemptions to members of armed forces. The pay and bounty of a non-commissioned officer, musician or private in the armed forces of the United States or the state of New York; a land warrant, pension or other reward granted by the United States, or by a state, for services in the armed forces; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the armed forces of the United States or a state; and the uniform, arms and equipments which were used by a person in the service, are exempt from application to the satisfaction of a money judgment; provided, however, that the provisions of this subdivision shall not apply to the satisfaction of any order or money judgment for the support of a person's child, spouse, or former spouse. (f) Exemption for unpaid milk proceeds. Ninety per cent of any money or debt due or to become due to the judgment debtor for the sale of milk produced on a farm operated by him and delivered for his account to a milk dealer licensed pursuant to article twenty-one of the agriculture and markets law is exempt from application to the satisfaction of a money judgment.

(continued)

 

[You Are Guilty]

(continued)

(g) Security deposit exemption. Money deposited as security for the rental of real property to be used as the residence of the judgment debtor or the judgment debtor's family; and money deposited as security with a gas, electric, water, steam, telegraph or telephone corporation, or a municipality rendering equivalent utility services, for services to judgment debtor's residence or the residence of judgment debtor's family, are exempt from application to the satisfaction of a money judgment. (h) The following personal property is exempt from application to the satisfaction of money judgment, except such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his dependents: 1. any and all medical and dental accessions to the human body and all personal property or equipment that is necessary or proper to maintain or assist in sustaining or maintaining one or more major life activities or is utilized to provide mobility for a person with a permanent disability; and 2. any guide dog, service dog or hearing dog, as those terms are defined in section one hundred eight of the agriculture and markets law, or any animal trained to aid or assist a person with a permanent disability and actually being so used by such person, together with any and all food or feed for any such dog or other animal. (i) Exemption for life insurance policies. The right of a judgment debtor to accelerate payment of part or all of the death benefit or special surrender value under a life insurance policy, as authorized by paragraph one of subsection (a) of section one thousand one hundred thirteen of the insurance law, or to enter into a viatical settlement pursuant to the provisions of article seventy-eight of the insurance law, is exempt from application to the satisfaction of a money judgment. (j) Exemption for New York state college choice tuition savings program trust fund payment monies. Monies in an account created pursuant to article fourteen-A of the education law are exempt from application to the satisfaction of a money judgment as follows: 1. one hundred percent of monies in an account established in connection with a scholarship program established pursuant to such article is exempt; 2. one hundred percent of monies in an account is exempt where the judgment debtor is the account owner and designated beneficiary of such account and is a minor; and 3. an amount not exceeding ten thousand dollars in an account, or in the aggregate for more than one account, is exempt where the judgment debtor is the account owner of such account or accounts.

For purposes of this subdivision, the terms "account owner" and "designated beneficiary" shall have the meanings ascribed to them in article fourteen-A of the education law. (k) Notwithstanding any other provision of law to the contrary, where the judgment involves funds of a convicted person as defined in paragraph (c) of subdivision one of section six hundred thirty-two-a of the executive law, and all or a portion of such funds represent compensatory damages awarded by judgment to a convicted person in a separate action, a judgment obtained pursuant to such section six hundred thirty-two-a shall not be subject to execution or enforcement against the first ten percent of the portion of such funds that represents compensatory damages in the convicted person's action; provided, however, that this exemption from execution or enforcement shall not apply to judgments obtained by a convicted person prior to the effective date of the chapter of the laws of two thousand one which added this sentence or to any amendment to such judgment where such amendment was obtained on or after the effective date of this subdivision. For the purpose of determining the amount of a judgment which is not subject to execution or enforcement pursuant to this subdivision: (i) the court shall deduct attorney's fees from that portion of the judgment that represents compensatory damages and multiply the remainder of compensatory damages by ten percent; and (ii) when the judgment includes compensatory and punitive damages, attorney's fees shall be pro rated among compensatory and punitive damages in the same proportion that all attorney's fees bear to all damages recovered.

§ 5206. Real property exempt from application to the satisfaction of
money judgments.
(a) Exemption of homestead. Property of one of the
following types, not exceeding fifty thousand dollars in value above
liens and encumbrances, owned and occupied as a principal residence, is
exempt from application to the satisfaction of a money judgment, unless
the judgment was recovered wholly for the purchase price thereof:
1. a lot of land with a dwelling thereon,
2. shares of stock in a cooperative apartment corporation,
3. units of a condominium apartment, or
4. a mobile home.
But no exempt homestead shall be exempt from taxation or from sale for
non-payment of taxes or assessments.
(b) Homestead exemption after owner's death. The homestead exemption
continues after the death of the person in whose favor the property was
exempted for the benefit of the surviving spouse and surviving children
until the majority of the youngest surviving child and until the death
of the surviving spouse.
(c) Suspension of occupation as affecting homestead. The homestead
exemption ceases if the property ceases to be occupied as a residence by
a person for whose benefit it may so continue, except where the
suspension of occupation is for a period not exceeding one year, and
occurs in consequence of injury to, or destruction of, the dwelling
house upon the premises.
(d) Exemption of homestead exceeding fifty thousand dollars in value.
The exemption of a homestead is not void because the value of the
property exceeds fifty thousand dollars but the lien of a judgment
attaches to the surplus.
(e) Sale of homestead exceeding fifty thousand dollars in value. A
judgment creditor may commence a special proceeding in the county in
which the homestead is located against the judgment debtor for the sale,
by a sheriff or receiver, of a homestead exceeding fifty thousand
dollars in value. The court may direct that the notice of petition be
served upon any other person. The court, if it directs such a sale,
shall so marshal the proceeds of the sale that the right and interest of
each person in the proceeds shall correspond as nearly as may be to his
right and interest in the property sold. Money, not exceeding fifty
thousand dollars, paid to a judgment debtor, as representing his
interest in the proceeds, is exempt for one year after the payment,
unless, before the expiration of the year, he acquires an exempt
homestead, in which case, the exemption ceases with respect to so much
of the money as was not expended for the purchase of that property; and
the exemption of the property so acquired extends to every debt against
which the property sold was exempt. Where the exemption of property sold
as prescribed in this subdivision has been continued after the judgment
debtor's death, or where he dies after the sale and before payment to
him of his portion of the proceeds of the sale, the court may direct
that portion of the proceeds which represents his interest be invested
for the benefit of the person or persons entitled to the benefit of the
exemption, or be otherwise disposed of as justice requires.
(f) Exemption of burying ground. Land, set apart as a family or
private burying ground, is exempt from application to the satisfaction
of a money judgment, upon the following conditions only:
1. a portion of it must have been actually used for that purpose;
2. it must not exceed in extent one-fourth of an acre; and
3. it must not contain any building or structure, except one or more
vaults or other places of deposit for the dead, or mortuary monuments.

 

[JohnC]

After reading the above, it seems that Mell Harris has a weak case. Now, what is the best way to notify these clowns that they are in volilation of the IRS law?
Should I send them proof along with a certified letter? Or go to the courthouse and inform them?
John

New York State

 

[JohnC]

NEW YORK: The account involved was Cross Country Bank. I made my last payment 1998.
Am I correct that the Statue Of Limitations has run out on this?

I called these clowns and spoke to a very rude and nasty guy who cursed at me on the phone and screamed in at attempt to shout me down. Would not let me talk.
I am filling a complaint with the NY State AG today.

 

[You Are Guilty]

The AG's office is probably not going to be the most helpful place to complain. Try the GC for the 1st Department listed here: http://www.courts.state.ny.us/ip/attorneygrievance/complaints_attorney.shtml

 

[TigerD]

NEW YORK: The account involved was Cross Country Bank. I made my last payment 1998.
Am I correct that the Statue Of Limitations has run out on this?

I called these clowns and spoke to a very rude and nasty guy who cursed at me on the phone and screamed in at attempt to shout me down. Would not let me talk.
I am filling a complaint with the NY State AG today.

1. They don't have to validate anything -- they have a judgement.
2. They don't have to talk to you about anything -- they have a judgement.
3. SOL doesn't exist in regard to the original debt anymore -- they have a judgement.
4. IRS doesn't make laws.
5. You have steps you have to take if you want to claim exemptions on the oney in the account --- none of those steps involve calling the law firm talking to them.
6. You are not capable of handling this yourself.
a. You are too emotionally invested.
b. You don't know what you are doing.
c. Worst of all you think you know what you are doing.

Get a lawyer
DC

 

[Ladynred]

The first thing you need to do is go to the court house and get a copy of the judgment case file ! In that file will be all the details, including a proof of service affidavit. It will tell you when, where, how and to whom the summons was served, and may even contain a description of the person. Mel Harris has a bad reputation for serving people at bogus addresses or addresses that are ancient. If you were not properly served, you might have grounds to have the judgment set aside.

 

[JohnC]

1. They don't have to validate anything -- they have a judgement.
2. They don't have to talk to you about anything -- they have a judgement.
3. SOL doesn't exist in regard to the original debt anymore -- they have a judgement.
4. IRS doesn't make laws.
5. You have steps you have to take if you want to claim exemptions on the oney in the account --- none of those steps involve calling the law firm talking to them.
6. You are not capable of handling this yourself.
a. You are too emotionally invested.
b. You don't know what you are doing.
c. Worst of all you think you know what you are doing.

Get a lawyer
DC

I plan to go to the town Court Monday to get a copy of the Judgement as advised by LadyNRed.
I also plan to go to Legal Aid her in Albany to get help in retreiving my "locked up" money which is excempt. BTW, 100% of my bank balance is exempt as of Sept 1st since 100% of the funds came from my Retirement fund and WC.
Before Sept 1st, My income was soley WC checks-still excempt.
I plan to fight this crooked lawyer anyway possible.
I also forgot to mention earlier that this involves a "Cross Country Bank" account going back to pre-1998. I recall that the State of NY sued this firm a few years ago...and won.
According to information on this case pulled off the web, CC Bank cardholders were supposed to get restitution to the tune of 9 million as a class action suit. I have not seen a dime of it yet.
Question: If this CC account was sold to Mel Harris. How can he be collecting for CC Bank if CC Bank owes cardholders money?
Question: Can Mel Harris charge interest on this account now that they own it? I thought only bank could do that.
The original balance was $300, now is over $2,000.

 

[TigerD]

I plan to go to the town Court Monday to get a copy of the Judgement as advised by LadyNRed.
I also plan to go to Legal Aid her in Albany to get help in retreiving my "locked up" money which is excempt. BTW, 100% of my bank balance is exempt as of Sept 1st since 100% of the funds came from my Retirement fund and WC.
Before Sept 1st, My income was soley WC checks-still excempt.
I plan to fight this crooked lawyer anyway possible.
I also forgot to mention earlier that this involves a "Cross Country Bank" account going back to pre-1998. I recall that the State of NY sued this firm a few years ago...and won.
According to information on this case pulled off the web, CC Bank cardholders were supposed to get restitution to the tune of 9 million as a class action suit. I have not seen a dime of it yet.
Question: If this CC account was sold to Mel Harris. How can he be collecting for CC Bank if CC Bank owes cardholders money?
Question: Can Mel Harris charge interest on this account now that they own it? I thought only bank could do that.
The original balance was $300, now is over $2,000.

Legal aid will help you respond and claim your exemptions. The bugger about the exemptions is that they don't exist until you claim them.

The restitution you were supposed to get went to pay Eliot Spitzer's costs. The damaged people aren't getting a dime.

Mel Haris isn't collecting for anybody. He is enforcing a judgement he owns. Interest on judgements is set by state law. You also have to pay for and pay interest on legal fees and all other costs associated with the judgement.

Frankly, if you have any other outstanding debts, you might want to consider asking the legal aid attorney for help filing bankruptcy. This judgement and any other debt is going to keep popping back up. And each time you will have to reassert your exemptions.

DC

 

[weenor]

I plan to go to the town Court Monday to get a copy of the Judgement as advised by LadyNRed.
I also plan to go to Legal Aid her in Albany to get help in retreiving my "locked up" money which is excempt. BTW, 100% of my bank balance is exempt as of Sept 1st since 100% of the funds came from my Retirement fund and WC.
Before Sept 1st, My income was soley WC checks-still excempt.
I plan to fight this crooked lawyer anyway possible.
I also forgot to mention earlier that this involves a "Cross Country Bank" account going back to pre-1998. I recall that the State of NY sued this firm a few years ago...and won.
According to information on this case pulled off the web, CC Bank cardholders were supposed to get restitution to the tune of 9 million as a class action suit. I have not seen a dime of it yet.

You should be receiving your coupon soon. Don't expect cash.

Question: If this CC account was sold to Mel Harris. How can he be collecting for CC Bank if CC Bank owes cardholders money?

Two separate issues. Doesn't change your problem.

Question: Can Mel Harris charge interest on this account now that they own it? I thought only bank could do that.
The original balance was $300, now is over $2,000.

Yes they can. Plus you now have post judgment statutory interest added in.

 

[JohnC]

New York:
Follow up question: If a Judgement is issued before the SOL is up, I have no defense as far as SOL is concerned ? Is this correct?
Last payment was made in 1998. Judgement according to document I received today says
"Judgement was entered 7/2004"
SOL is 6 years in NY, but is it based on exact date of last payment? In this case it would have to be 7/1998 ?

 

[eloxley]

New York:
Follow up question: If a Judgement is issued before the SOL is up, I have no defense as far as SOL is concerned ? Is this correct?
Last payment was made in 1998. Judgement according to document I received today says
"Judgement was entered 7/2004"
SOL is 6 years in NY, but is it based on exact date of last payment? In this case it would have to be 7/1998 ?

That is correct. Judgements generally have SOLs too, but can be renewed.

 

[Ladynred]

Follow up question: If a Judgement is issued before the SOL is up, I have no defense as far as SOL is concerned ? Is this correct?

That is correct. Once a debt is reduced to judgment, the defense of SOL on the debt is gone.

Judgement according to document I received today says
"Judgement was entered 7/2004"
SOL is 6 years in NY, but is it based on exact date of last payment? In this case it would have to be 7/1998 ?

If they filed the lawsuit in 2004, and the SOL was up in 1998 (beginning with the delinquency and no payments ever again), then you WOULD have had a defense against the lawsuit. Now the SOL means nothing.

Judgments in NY are good for 20 years -- no renewal after that.

 

[JohnC]

According to the Albany City Hall court attorney, the I.R.S rules regarding excemptions do not apply to this case, only to IRS collections.
Does anyone have a specific list of excemptions that would fall within this type of collections? A partial list includes Workmans Comp, SS, SSD and unemployment.