New York City Debt Collection Defense Attorney

Exemptions Blogs

All Posts
  • Levy vs. Seizure: How Creditors Enforce Judgments Against Your Property in New York
    Levy vs. Seizure: How Creditors Enforce Judgments Against Your Property in New York

    What is a Levy? Under New York Civil Practice Law and Rules (CPLR) Article 52, the term levy describes two distinct enforcement methods: Levy by service of execution (CPLR § 5232 (a)) – The sheriff, ...

    Read More
  • Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Rendered the Bank Restraint Ineffective as Served.
    Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Rendered the Bank Restraint Ineffective as Served.

    Many out-of-state clients panic upon discovering their bank accounts frozen due to a New York default judgment. Is this legal? The cases below, including those of New York's highest court, affirm the ...

    Read More
  • Bank Account Frozen? How to Get Access to Exempt Money
    Bank Account Frozen? How to Get Access to Exempt Money

    New York statute shields select funds from creditor attachment, even when debt obligations remain unpaid. These legal "exemptions" protect essential income required for basic living needs. Generally, ...

    Read More
  • New York Banks Freeze Double the Judgment Amount. Why?
    New York Banks Freeze Double the Judgment Amount. Why?

    Short answer: New York Banks may freeze (hold) double the judgment amount to cover accrued interest and collection expenses. [1] Securing twice the Planned Consumer Marketing, Inc. v. Coats & Clark, ...

    Read More
  • Notice to Judgment Debtor or Obligor in New York: Your Next Steps
    Notice to Judgment Debtor or Obligor in New York: Your Next Steps

    If you've received a letter with language similar or identical to the one below, you are being put on notice that your money is at risk of being seized by a judgment creditor. To satisfy due process ...

    Read More
  • Creditor Freeze your Bank Account? Here's How it Happened.
    Creditor Freeze your Bank Account? Here's How it Happened.

    Restraining Notices: What Are They & How Do They Work? Under New York CPLR § 5222, once a creditor has gotten a judgment for a debt, it has the right to use something called a "restraining notice" to ...

    Read More