My question involves court procedures for the state of: NEW YORK
Hello forum, thank you!!
After keeping tabs on my Debtor's account for 2 months and determining the time was right, I moved forward with a Property Execution to seize her bank account. I know, upon reasonable information and belief, that she did NOT meet any of the statutory exemptions. I received back from the bank a response that said simply "no funds".I believe that either the bank (a) disregarded the notice for whatever reason in interest of their customer, or (b) they gave the Debtor notice of the seizure without freezing the funds first , allowing her to withdrawal the funds.
The next step I believe should be an information subpoena regarding their handling of the matter, to verify they followed the law.
Q: What section of law specifically handles the handling of a freeze on assets and the procedure an entity must follow?
Q: If found in violation of law, what can i expect for compensation and remedy and what is the correct legal procedure ? contempt, or a second suit?
Q: any suggestions on how to best question the bank on how they handled it, i.e., did they give the debtor noitce prior to freezing the account? when did they freeze it, wear there any large withdrawals at the time of service, etc.
thank you so much. this person screwed me over so bad, and the judgment doesnt even come close to compensation. please help me collect!