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A frozen bank account is what it is. A frozen bank account is an account that you can't access because of a restriction by a creditor. When your bank account is frozen, you can deposit money, but not withdraw it.

Why is my account not being used? A frozen bank account is a sign that a debt collector has won a judgment against you. Unless you win a judgment against them, they cannot freeze your account. If you've won a judgment against you, you can try to get people to pay by freezing their bank accounts.

Why does my bank account have a negative balance?

A judgment creditor who gets a judgment against you will usually give you more than the amount determined in the judgment. Your bank account has a hold on it. You don't have to pay the entire amount to theGarnishee. The amount you owe is the amount in the judgment.

Is my bank required to inform me before freezing my bank account?

No, not at all. The law says that the bank must immediately freeze your account when it gets a lien notice. That's why most people discover that their account has been frozen when they try to use their bank card.

Is it required for a person to alert me before my bank account is frozen? You don't have to give specific notice before your bank account is frozen. The creditor or debt collector must inform you that they have filed a lawsuit against you and that they have obtained a judgment against you. If your frozen bank account is the first notice of the lawsuit, you have not been given proper notice.

Do I need a lawyer to unfreeze my bank account?

No. Thousands of people in New York have frozen their bank accounts.

How can I unfreeze my account? To unfreeze your bank account, you have to get the ruling against you thrown out.

Dismissing the judgment is what it is called. Your account will be released once the judgment is dismissed.

A debt collector can't freeze your account without a judgement. You must follow the steps to dismiss a judgment.

Can I get my bank account released without going to court? If your bank account contains exempt benefits, you don't have to negotiate an arrangement to have it unfrozen.

Below is a list of more information.

If your bank account has recent wages or funds that are not exempt, you may want to take them to court.

Most of our clients think that they can negotiate a better settlement in the short than the long. If you can't make it to court, we recommend that you set aside the judgment for default. There are several reasons to try to get the ruling thrown out.

In New York State, you can have your judgments collected for up to 20 years. If you have an unpayable judgment, you will be at risk of future attempts to freeze your bank account and/or withholding your wages.

Judgments show up on your credit report, which affects your ability to get loans, jobs, and housing. In most cases, you have to have the judgment thrown out in order to remove it from your credit reports. It is in your best interest to leave the judgment in most cases.

What if my frozen bank account only contains funds that are not subject to collection debts? If your bank account is exempt from debt collection, a creditor can't freeze it and have to release it even if there is a judgement against you. You can get the information from your bank, but you need to call the attorney. Inform the attorney that your funds are exempt from debt collection and demand that your account be released immediately.

The lawyer can ask for proof of exempt income. You can send up to three months of statements as proof if you want to, but the lawyer only needs to see the deposits, not the expenses. The attorney for the garnishee may make excuses for not releasing exempt funds. If you have any problems, you should get help.

If you have exempt funds, it is best to dismiss the judgement.

What if my frozen bank account contains funds that are not exempt? This situation is called having mixed funds.

Even if your exempt funds are commingled with funds that are not exempt, they are still exempt. Even if your funds are exempt, it's difficult to convince a debt collector to release your account. We advise you to go to court and have the default judgment dismissed so that you can get your account released as soon as possible.

Can a person take money from my account? Yes.

A New York City marshal can be hired to collect funds from a debtor's account.

How long will it take for a garnishee to take my money?

There is no time limit. Some creditor try to get the funds out immediately, while others never do.

Most people wait a few weeks before withdrawing money from their bank account.

Will I be able to get the money back if the debt collector takes money out of my bank account?

Yes, I do. You can try to have the default judgment thrown out.

You can ask the court to order the debt collector to pay you back if you do this part of the process.

Is it possible that I have a joint account. The account is frozen because of something. There is a judgement against one of the people who have the joint account. Call the creditor's attorney and ask for information about the case, including the court where the judgment is entered, the index number, and the name of the defendants.

You can dismiss a default judgment if you release the account. If the account only contains exempt funds, you should call the attorney to have the exempt funds released, as mentioned above.

If you have a judgment against someone else, it's best for them to set aside the judgement.

You have the right to file papers with the court if you can't, if you want your account to be released.