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What funds are protected against a bank levy?

Brooklyn, NY |
Filed under: Debt

I received an exemption of claim form notifying me that there will be a bank levy imposed on my bank account for an old account. I never received anything in regards to a judgement just this letter. I have done some research and this is an old account opened by my ex husband whom rang up a credit card in my name. How do I protect myself? What funds are protected from a bank levy? Also, I share this account with my current boyfriend whom has nothing to do with any of this, can I just remove myself from the account and everything will be fine for my boyfriend?

Attorney Answers 2

Posted

You should go to court and review the affidavit of service to see how the plaintiff claims you were served. Perhaps you have grounds to move by Order To Show Cause to vacate the judgment against you and even dismiss the case depening on how old it is. The following is exempt pursuant to CPLR 5222-a:

Under state and federal law, certain types of funds cannot be taken
from your bank account to pay a judgment. Such money is said to be
"exempt."
1. Social security;
2. Social security disability (SSD);
3. Supplemental security income (SSI);
4. Public assistance (welfare);
5. Income earned while receiving SSI or public assistance;
6. Veterans benefits;
7. Unemployment insurance;
8. Payments from pensions and retirement accounts;
9. Disability benefits;
10. Income earned in the last 60 days (90% of which is exempt);
11. Workers' compensation benefits;
12. Child support;
13. Spousal support or maintenance (alimony);
14. Railroad retirement; and/or
15. Black lung benefits.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

How do I protect my boyfriend? Can I remove myself from the account before they levy it so that he is not affected? His pay goes into the account.

Posted

1. Social security;
2. Social security disability (SSD);
3. Supplemental security income (SSI);
4. Public assistance (welfare);
5. Income earned while receiving SSI or public assistance;
6. Veterans benefits;
7. Unemployment insurance;8.Payments from pensions and retirement accounts;
9. Disability benefits;
10.Income earned in the last 60 days (90% of which is
exempt);
11. Workers' compensation benefits;
12. Child support;
13. Spousal support or maintenance (alimony);
14. Railroad retirement; and/or
15. Black lung benefits.

Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.Prior results do not guarantee or predict a similar outcome with respect to any future matter.This response is designed for general information only. Accordingly, the information in this response should not be construed to be formal legal, accounting, tax, or other professional advice nor the formation of a lawyer/client relationship. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Attorney Advertisement

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