Staten Island, NY asked in Consumer Law, Business Law and Constitutional Law for New York

Q: NYC a clause to be exempt from taking my Personal Bill paying money, should i add the CPRL 1012 to the OTSC in NYC?

Can you help? My account seized, no prior notice. Being a herd ship case as per the CPRL’s predicate. Seems "would apply. Exemption states money be personal & 90% of all profit there be exempt. Was my constitutional rights destroyed by seizing$? The acct. were ONLY Non-Contracting personal money. The problem that acct. are a corp. name. Acct. only used 2-keep 1 of my 13 licenses Open 2-do a writing to help make huge change, help ourclimate literally, water issues, senior discord, 2-help restitute way-more From above the Constitution I found a Secret. I sacrificed all 2-help-much, now hard ship. The CPRL 5239, 5240, 5222, & questionable about 1012-parts. SHOULD I add that 1012 to the OTSC already filed? The Opposing lawyer wants the Judge to NOT entertain OTSC/Exempt Clause.. because acct. R Corporate, & 2-keep my personal survival $$$/& rest OTSC. Meanwhile That were all my Bill Paying money & provable. Can I even add to the OTSC? Should I add 1012? Can anyone help here? no name

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: From the information provided, it seems you are referring to New York's Civil Practice Law and Rules (CPLR), particularly sections related to exemptions from money judgments and possible orders to show cause (OTSC). If you believe that CPLR 1012 applies to your situation, you could consider amending the OTSC.

However, it's crucial to note that corporate accounts are typically treated differently than personal accounts, and exemptions for personal assets may not apply to corporate funds. If the account is in a corporate name, opposing counsel may argue against personal hardship exemptions. It's possible to amend the OTSC, but you would need to comply with procedural rules and show good cause.

It's essential to consult with local counsel familiar with New York's procedures to determine the best course of action. They will be able to guide you on whether adding CPLR 1012 or any other provisions would be beneficial to your case.

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