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Assume you are a creditor and have a civil judgment entered in one of the counties of the Civil Court of the City of New York for $10,000. You have knowledge of the debtor’s financialinstitution and so your attorney issues an information subpoena with a restraining notice to the financialinstitution to see if any funds are being held.
So that once a restraining notice is prepared, someone could go to the bank or other financialinstitution, etc., USA Today interviewed Jocelyn more extensively about judgmentenforcement in and outside of the state. The notice can be served personally or by registered/certified mail or electronic means.
But, if the Texas residents or the out-of-state residents use out-of-state financialinstitutions which do not maintain an office or branch within the state of Texas, you will not be able to seize an out-of-state debtor’s bank account. New York is one of the most liberal states when it comes to judgmentenforcement.
Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors? Although New York has liberal laws on judgmentenforcement, CPLR Sect 5222-a provides a laundry list of funds exempt from creditors’ reach.
Once a restraining notice is prepared, someone could go to the bank or other financialinstitution and serve the restraining notice in person. A transcript of the judgment must be filed in each of the other counties where the debtor owns real property to place liens outside of the originating county.
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