Bank Account Restraining Notice?
New York Frozen Bank Account Lawyers
Queens – Brooklyn – New York City
If a debt collector has served you or your bank with a Restraining Notice to freeze your bank account, call our debt defense law firm today for fast action.
If you were sued in a credit card collection lawsuit, a Judgment may have been entered against you in Court. The debt collector can use the Judgment to freeze your bank account by serving a Restraining Notice or Marshal’s Notice. 1
Call or Text: (212) 221-9892
How much money is the bank allowed to freeze?
When your bank receives the Restraining Notice, it will usually place a legal hold on all of your accounts held at that financial institution.
The dollar amount restrained will usually be double the amount of the money judgment entered against you in Court. 2
What if I deposit money into a frozen bank account?
Any money deposited into a frozen bank account is subject to instantly being frozen and unavailable for withdraw.
What will the debt collector do after freezing a bank account?
If your bank account has been frozen by a debt collector, don’t delay. Once your bank account is restrained, the collection agency lawyers can promptly have the New York City Marshal’s Office levy on the accounts by withdrawing your money to satisfy the judgment.
Additional Debt Collection Information
How can you release a frozen bank account?
There are many legal defenses that may be available to fight the restraining notice and release your frozen bank account. These defenses can be made in a court filing called an Order to Show Cause to Vacate Restraining Notice.
Some popular defenses to a restrained bank account include:
- Improper or inadequate service of the legal documents
- The money in the restrained bank account does not belong to you
- You are a joint account holder and the money judgment was only entered against your co-account holder
- The money in the restrained bank account is exempt from levy because it is Supplemental Security Income (SSI), Social Security, Public Assistance (welfare), Alimony, Child Support, Unemployment Benefits, Disability Benefits, Workers Compensation Benefits, Retirement Pension, Veterans Benefits 3
Debt collection law firms that freeze bank accounts
- Some of the big debt collector law firms that freeze bank accounts in New York City are:
- Forster & Garbus LLP (Commack NY)
- Daniels Norelli Scully & Cecere PC
- Cohen & Slamowitz LLP (Woodbury NY) also known as Selip & Stylianou LLP
- Rubin & Rothman LLC
- Zwicker & Associates PC
- Mullooly Jeffrey Rooney & Flynn LLP
For our full list of credit card debt collection law firms that serve notice of frozen bank account, click here.
Let us help you consider the legal argument you should make to reclaim your funds and regain control of your finances.
Call or Text: (212) 221-9892
[1] NY CPLR § 5222(a) – “A restraining notice may be issued by… the attorney for the judgment creditor… It may be served upon any person [or business entity]…”
[2] NY CPLR § 5222(b) – “If a garnishee [bank] served with a restraining notice withholds the payment of money belonging… to the judgment debtor… in an amount equal to twice the amount due on the judgment… the restraining notice is not effective as to other property or money.” [ emphasis added]
[3] See, NY CPLR § 5222(e)