[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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