Manlius, NY asked in Bankruptcy for New York

Q: my brother was advised the judgement against him is having his bank account frozen. Problem is he has joint acct w mom

my brother has been advised the judgement against him is having his bank account frozen. Problem is he is also joint in my elderly moms account and that is all of her money. He doesnt deposit any money into that account. How do we keep them from freezing her money and taking her money

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Take all the money out of the account. If it has already been frozen, you will need to hire a lawyer to challenge the execution and prove it is her money.

Jack Mevorach and Peter J. Weinman agree with this answer

Daniel Michael Luisi
Daniel Michael Luisi
  • Licensed in New York

A: You need to identify the proper exemptions to file under the EIPA. This requires knowledge of the law to fully take advantage of these rights. If you present valid legal exemptions supported by documentation, and the bank still proceeds to comply with the garnishment, you may need to file an Order to Show Cause seeking a stay or enforcement and a protective order pursuant to Article 52 of the CPLR. Consider consulting a professional; you have only 20 days from the date of the notice of restraint to file your exemptions and your rights become much weaker once the bank has already turned the funds over to the City Marshal.

Peter J. Weinman and Jack Mevorach agree with this answer

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