New York Bank Levy & Restraint Lawyer
What to Do If Your Bank Account Is Frozen
A bank levy is a fairly drastic form of debt collection that allows a creditor to essentially “freeze” your bank account and retain access to your funds. This often occurs when an individual does not realize that they have long-unpaid debts, believing that these debts have already been settled.
If your bank account has been frozen and your assets are inaccessible to you, remember, you still have rights. Jacovetti Law, P.C. may be able to help you pursue legal action to put a stop to bank levies. Our New York bank levy lawyer is well-versed in this area of law and has a proven track record of success in providing debt settlement and relief solutions for individuals and business owners alike.
Pursuing a Personalized Legal Solution
When your bank account is levied, you are likely to feel a great deal of stress. After all, a bank levy allows your creditor considerable control of your finances and, therefore, your livelihood. However, it is important that you remain calm and contact a qualified debt defense attorney who can assist you in releasing the levy and regaining financial control.
At Jacovetti Law, P.C., we offer personalized debt defense solutions tailored to each client’s unique situation. Depending on the specific circumstances surrounding your situation, this may include:
With a court order, a creditor is legally allowed to freeze your bank account and prevent you from withdrawing funds until you agree to pay back or settle your debt. It is also possible to “unfreeze” your bank account by vacating (or “erasing”) the judgment. While it is possible to do this without the assistance of an attorney, attempting to do so is unwise. Having an experienced attorney on your side can make all the difference in successfully vacating the judgment and continuing to have your bank account under the control of your creditor.
What Are the Different Types of Levies?
Every state has a variety of types of levies they can impose on lenders. The state of New York uses the following:
- Bank levies that last for a 90-day period
- Levies on third parties, such as customers or tenants
- Refunds and offsets
- Seizure and sale of property at tax auction
- New York State Income Execution (IE) issued against a taxpayer’s gross wages
The Collections and Civil Enforcement Division are prohibited from trying to seize your property, but they can take the cash you have on you and stop the auction of your personal property. They can change the locks on your house and store your property elsewhere until your approved auction.
A New York debt defense lawyer who has experience with the different types of levies can help you determine your possible options to resolve your levy, which may include a bank levy reversal, settlement negotiation, or installment payment plan.
Are you trying to figure out which bank levy fits your situation? We understand the levy process can be confusing and discouraging. Our experienced debt attorneys at Jacovetti Law, P.C. are here to help you make a clear decision about your debt. Call us today for a review of your case and to schedule a consultation!
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As a seasoned New York bank levy lawyer, Attorney Robert Jacovetti is a highly skilled negotiator and litigator. Along with our entire legal team, he has an in-depth understanding of state and federal laws governing debt collection practices, including bank levies. While it may not be necessary to go to court in order to have your bank levy released, our team is fully prepared to represent you in trial.
In some cases, such as when your funds fall below exempt benefits or when your account contains exempt funds, it may be possible to have these funds released immediately. It may also be possible to have your money returned to your bank account after the judgment has been vacated in court. These and other factors are specific to your situation; it is always in your best interests to speak to an attorney right away to learn more about your options.
For a free 30-minute initial consultation, contact Jacovetti Law, P.C. today at (516) 217-4488.