• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

They froze my bank account

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jaymf

Junior Member
What is the name of your state? NY

I'm hoping I might get an answer that will help me out. I have a credit card company from 6 years ago that supposedly filed a claim against me in civil court and won by default. They have now had my bank account frozen. I deposited my whole month's worth of income into the account on Thursday and my account was frozen Friday. This is all the money that I have for myself and my family. This is our money for the utility bills, rent, food, etc.
I have been looking up information on the net and found that several states have a "wildcard exemption" to funds such as mine and that there are other tricks and loopholes.

I have no problem making arrangements to pay this debt off but they are trying to take it all at once and I just can't do that.

Do I have any options? Will a judge hear my case and overturn this or order a payment arrangement. Is there wildcard exemptions in NY?

Please advise and thank you in advance.
 


jdpower1937

Junior Member
How much

How much did you owe? Did you go to the court when you got summon 6 years ago? How many creditors are involved in?
 

Ladynred

Senior Member
So, you were sued and they got a default judgment against you when you didn't file an Answer to the Complaint and didn't show up in court.

WERE you served with a Summons ? If so, how long ago ?
If so, why didn't you file an Answer or go to court ??

If you were NOT served, then you MAY have grounds to challenge the judgment.

NY doesn't have a wildcard to exempt cash in a bank account. If you want your account unfrozen, you are going to have to make arrangements to pay up. You CAN appeal the bank levy and you MIGHT get it released if you can prove hardship, but quite frankly they don't care. You owed money, you didn't pay, they sued and won, and now the have the right to TAKE it from you by whatever legal means are available. They can also garnish your wages and come after non-exempt assets.

NY Exemptions are here:
http://www.bankruptcyaction.com/nyexemptions.htm

You'd better claim your exemptions ASAP.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top