2nd bank account freeze but after 5 years?

[bigbangtech]

New York

I'm writing to try and get some advice for my mother.

1996
Mother unemployed for 2 years, unable to pay Amex bill

1999
Judgement obtained against mother for $2000

2001
Restraining order placed on $1000 in bank account.
Petitioned court that part of $1000 in bank was unemployment benefits, and exempt from seisure.
Judge denied petition (I believe this is wrong under federal law)
Lawyer took possesion of $1000 and restraining order on bank account was lifted

2002-2006
No communications from any lawyer, collection agency or creditor requesting remaining $1000 of previous judgement.

2006
Another restraining order is placed on $1800(debt+interest) in bank account, actually claims that they can hold double under law

I am in the mind that my mother really can't do anything about this and should pay the debt.

She feels that it was deceptive for not communicating with her for almost 5 years and letting interest accrue and then slamming her with another restraining order on her account.

Is there anything she can use as an arguement to get out of this without losing this money(or less)?

Can she use the fact that they improperly seized her unemployment benefits in 2001 as any sort of arguement or show of improper behavior?

What is the statute of limitations for this situation, and does that apply to the original judgement, or also to continuing actions like the second restraining order on the bank account?

I would also like to mention that the lawyer that is doing all of this is mentioned prety often around here:

Mel Harris

 

[Ladynred]

Another restraining order is placed on $1800(debt+interest) in bank account, actually claims that they can hold double under law

That is correct. Under NY law they can hold DOUBLE the judgment amount.

I am in the mind that my mother really can't do anything about this and should pay the debt.

You're in the right mind.

She feels that it was deceptive for not communicating with her for almost 5 years and letting interest accrue and then slamming her with another restraining order on her account.

First of all, there's nothing deceptive about it. They have a valid judgment against her and they can KEEP coming after her for as long as the judgment goes unpaid. They are not obligated to contact her, the judgment didn't go away, she KNEW it was still there. Judgments in NY are good for TWENTY YEARS - does she really want to have them keep coming after her ????

As for the interest accrue, the judgment acrrues interest at a rate of 10% /year according to NY LAW. The lawfirm isn't adding the interest, it's added because NY law says so.

Is there anything she can use as an arguement to get out of this without losing this money(or less)

Yes, make arrangements to pay the thing off. Otherwise they may come after her wages next. If she's not working, they'll just come back for more again at some later date.

Can she use the fact that they improperly seized her unemployment benefits in 2001 as any sort of arguement or show of improper behavior?

Not this time around. The JUDGE denied her exemption, though that was improper, unemployment funds are exempt. This is a whole new inning in this ballgame and she's already down 2 strikes.

What is the statute of limitations for this situation, and does that apply to the original judgement, or also to continuing actions like the second restraining order on the bank account?

Like I said, judgments in NY are good for 20 years. The continued attempts at execution on the valid judgment, like the bank siezure, can keep happening if she doesn't DO something to pay off the judgment.