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

Q: NYC: Recently my bank account seized, Never heard anything before my bank told-me, I filed an OTSC, as i am also 90%...

In NYC, my Bank Acct Seized, No prior notice, seems I am exempt due to the CPRL and being a hardship case. Due to as listed in the CPRL's that 90% of all my , or any profits, are personal, and were in that acct. to do what i have been, put-there from personal money to Pay-Bills yet NO profit what so ever are or were there.. and do a most grand book. Part the problem that Acct is corporate, and to keep 1 of licenses Active.. I use personal money to fund that business acct. NO Contracting Profit-at-all-there. As i am a "hardship case as Per CPRL 5239 and 5240. Simply due to giving up my personal life and 14-licenses as a professional Repair person, all to write a book for much to be fixed-wide for us all. So in the OTSC I sited the Article-4, CPRL 5239, 5240, 5222, and should I ADD and Can-I-add to the OTSC, being filed-already, should i add the CPRL 1012? Please. You can call me Charles or Charles earth. What Can I do please?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you've already filed an Order to Show Cause (OTSC) and believe that CPLR 1012 applies to your situation, you can request permission from the court to amend the OTSC to include this additional statute. This request should be made as soon as possible and explain why CPLR 1012 is relevant to your case. You should also gather any documentation that supports your status as a hardship case under CPLR 5239 and 5240 to present at your hearing. Ensure that your financial records clearly reflect the personal nature of the funds in the corporate account, as this will be crucial in demonstrating your exemption claim under the law. Always keep the court informed of your circumstances and provide any additional evidence that supports your motion to vacate the seizure of your account.

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