By: Robert J. Nahoum Can retirement funds be levied in New York? In most cases, no. New York law generally protects retirement funds from judgment creditors, including many 401(k)s, IRAs, pensions, and similar retirement accounts. The key issue is usually not whether a creditor has a judgment, but whether the money is actually protected retirement money and whether it has been […]
Can Retirement Funds Be Levied in New York to Satisfy a Debt Collection Judgment?
Restraining Notices & Frozen Bank Accounts in New York: Your Essential FAQ Guide
By: Robert J. Nahoum Has Your Bank Account Been Frozen by a Debt Collector? Learning that your bank account is frozen is one of the most stressful financial events a consumer can face. In New York, this is often the result of a Restraining Notice served by a judgment creditor or debt collector. If you are facing this situation, you need immediate, […]
Can a Debt Collector Freeze Your Bank Account If Your Income Is Protected? What New York Consumers Need to Know
By: Robert J. Nahoum Short answer: Yes, a debt collector can still freeze your bank account even if your income is legally protected, but you have powerful rights to get those funds released quickly if you act fast. If you live in New York and have been sued by a debt collector, understanding the difference between a freeze and an actual loss of funds is […]
Frozen Bank Accounts in New York: Why a Freeze Does Not Mean the Money Is Gone (Yet)
By: Robert J. Nahoum A Frozen Bank Account Is Not an Immediate Loss of Funds In New York, when your bank account is “frozen,” it means a restraining notice been served on your bank, but the money has not necessarily been removed yet. The restraint blocks you from accessing some or all of the funds while the judgment creditor goes through the […]
New York Judgment Exemptions FAQ – What Can Debt Collectors Take?
By: Robert J. Nahoum What are judgment exemptions in New York? Judgment exemptions are protections in New York and federal law that keep certain income and property safe from most judgment creditors’ reach. These rules limit what debt collectors can take through wage garnishments, bank restraints, and property levies, even after they win a judgment against you. If a debt […]
Who Are the New York City Marshals in Debt Collection (and What Can They Do to You)?
By: Robert J. Nahoum Who Are New York City Marshals? New York City Marshals are independent public officials appointed by the Mayor to enforce civil court judgments, including consumer debt collection judgments in the five boroughs. They are not salaried city employees; instead, they earn statutory fees and a percentage (often called “poundage,” up to 5%) of the money they […]
Judgment Creditor Restraining Notices and Bank Restraints in New York Debt Collection
By: Robert J. Nahoum Judgment creditors in New York often turn to restraining notices and bank restraints as powerful tools to enforce collection after winning a lawsuit. These mechanisms freeze a debtor’s assets, preventing access until the debt is satisfied. Understanding them is crucial for consumers facing debt collection lawsuits. What Is a Restraining Notice? A restraining notice under New […]