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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.