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Frozen Bank Account Help Lawyers

Frozen Bank Accounts

A frozen bank account is an account that cannot be used for any purpose such as withdrawal of money, money transfers or bill paying services. Bank accounts are frozen or attached by creditors who get a judgment against the account holder to get the money owed to the creditor. If the consumer cannot pay or take steps to pay, the creditor can tell the bank to freeze the account. State and federal authorities can freeze an account without a judgment if the consumer fails to pay back taxes or child support. Since the creditor got a court judgment to freeze the account, it’s in the consumer’s best interest to contact a NYC Bankruptcy law firm to help the consumer get out of this difficult financial situation.

How It Works

When a creditor requests your bank to freeze your account, it may be fully or partially blocked. If the amount that is in the attachment order is more than the amount that is in your account, your whole account will be frozen. The creditor has the right to freeze your account for double the amount you owe according to the judgment. If this amount is less than the amount in your account, it will only be partially frozen.

If your paychecks are electronically deposited, they will also be frozen if the entire account is frozen. If this is the case, you need to contact your employer and stop the electronic deposits. Unfortunately, you will not receive any advanced notice that your account is going to be frozen. Your bank is required to notify you, but by the time you get the notification, your account will already be frozen.

The notice sent by the bank must explain your right to object to the attachment and should list exemptions that would allow you to get your money. There will be deadlines for challenging the attachment and identifying the creditor and his or her reasons for freezing your account.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Once creditors have a judgment against you, they have many more ways to collect on the debt than creditors who don’t have a judgment. They can take a portion of your net wages as well as money from other deposit accounts and valuable personal property such as your car, jewelry and antiques. However, they can’t take everything. You and your family still need to eat, buy clothes and have a home. In fact, the fewer possessions you have, the less the creditor will be able to take.

Some Common Ways of Collecting Judgments

Wage attachment or wage garnishment can be done if you receive a regular paycheck. Your employer will subtract a portion and give it to your creditor before you get your salary. The amount your employer takes will depend on the type of debt you have. For regular debt, it is up to 25 percent according to federal law. For child support debt, it may be up to 50 percent. If you owe back income taxes, the IRS may take nearly all of your wages. A NYC Bankruptcy lawyer may be able to help reduce these garnishments.

Steps You Can Take

You may not have a lot of options for getting your account unfrozen. The first step is to contact the creditor or his or her lawyer and ask if they will unfreeze your account. You’ll need to give them a good reason to do this. If the attachment is from the government, they will usually work with you to arrange a payment schedule for you to pay your debt. If a private creditor refuses, your best option is to contact an NYC Bankruptcy lawyer, because you’re going to need to go to court. Most people get a better result by going to court than those who try to settle out of court.

There are certain funds that are exempt from attachment if the balance is less than $2,625 in your account, and your lawyer may be able to release exempt funds if you have any. These include directly deposited:

  • Social Security
  • Veteran’s benefits
  • Disability
  • Pensions
  • Spousal maintenance
  • Child support
  • Worker’s compensation
  • Several more

There are also federal rules that protect federal benefits. This is where it starts to get complicated, and you may require legal help. However, if your account only contains exempted funds, the creditor is required to release your account, which is also called vacating the judgment.

To get your bank account unfrozen, you need to file an Order to Show Cause. An experienced NYC Bankruptcy lawyer will:

  • Find out the right court and index number to file the papers
  • Fill out the Order to Show Cause forms and file them with the court clerk. Your lawyer will tell you which documents are required to attach to the Order to Show Cause forms.
  • Get the forms approved by a judge. After getting approval, you’ll get a court date.

The creditor may try to negotiate a settlement with you for regular payments. This may not be in your best interest, which is why it’s better to have your lawyer conduct any settlement negotiations.

If your bank account has been frozen due to a judgment against you, it’s crucial to seek the help of an experienced NYC Bankruptcy attorney. At Spodek Law Group, our knowledgeable lawyers can guide you through the process of unfreezing your account, protect your rights, and help you find the best path forward in your financial situation. Contact us today for a consultation

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