What funds are protected against a bank levy?

Asked about 1 year ago - Brooklyn, NY

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)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . 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.... more
  2. Howard Michael Adelsberg

    Contributor Level 6

    Answered . 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... more

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