[Fredslist] collection question
IrisWolinsky at aol.com
IrisWolinsky at aol.com
Tue Dec 23 19:19:50 EST 2014
Hi along the network!
Someone I know has a small judgment from a Manhattan court. The
debtor's bank (which seems to have headquarters or at least legal dept in another
state), confirmed there is a balance there adequate to satisfy the judgment
& told him if a restraining order is sent they will hold the funds;
possibly also mail him a check. He showed me the restraining order he got and it
directs the bank to hold the funds, but less clear if also to mail him a
check.
Apparently the court in NY told him he has to use a marshal or sheriff
to collect the funds, but the bank says not necessary. I'm wondering if
that's suggested to help laypeople who don't know legal processes vs. being
legally required.
Question: Does anyone know the skinny on this? I'd like to know if
there's any downside if he tries the bank's suggestion - such as, worst case,
could debtor complain process was improper and force him to return funds
and start over - or anything else? Also, isn't it worthwhile to send over
the order at least to have funds held? and would that interfere if a
sheriff or marshal has to complete the collection? The amt of money involved is
not worth hiring a specialist but I'm happy to help and also curious now.
Thanks very much :)
Very best,
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