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How Do I Stop Garnishment and Collection Calls at Work?

New York Creditor Harassment Lawyer

The Fair Debt Collections Act Gives You a Way to Stop Collections Calls.

There are laws that restrict the practices of collections agencies. The federal Fair Debt Collections Act makes it illegal for collection agencies to engage in many of the most aggressive practices that many of these firms resort to. The law is on your side, and you can put a stop to the threats.

After you retain a bankruptcy lawyer, your file goes to the bottom of the pile and the calls stop.

I am attorney Peter R. Scribner of Rochester, New York. For more than 20 years, I have been helping individuals and families protect themselves from the illegal tactics often employed by private collections companies.

Talk to me today and you can stop creditor harassment tomorrow.

As soon as you retain me to file for Chapter 7 or Chapter 13 bankruptcy, by law, the collectors must deal directly with my office. That means that you can put a stop to the harassing phone calls at home and work — tomorrow. Contact me today for a free consultation about your debt relief needs. I will clearly explain the laws about how bank account restraints and wage garnishment works and how to make Fair Debt Collection Act violations stop.

My bank account is frozen – what can I do?

After a creditor gets a judgment against you, the most common first step in collecting on that judgment is to "restrain", or freeze, your bank account. Here's how it works: An out-of-state creditor, like a national credit card company, gets a law firm in New York State to sue you and get a judgment against you. Once they have a judgment, that law firm mails out a "restraining notice" to all the major banks and credit unions in Rochester. They don't actually know if you have an account with any of the banks they send the notice to; they are just hoping that they luck out and hit a bank that has your money in it. The attorneys can send out a restraining notice on their own; they do not need a sheriff or marshal to serve it, and it only costs them the price of a postage stamp. That's why it is usually the first thing collection attorneys do to enforce a judgment.

When a bank receives a restraining notice, they check their records to see if you have an account with them. If you do, the bank must restrain, or freeze, all the money in the account up to twice the amount of the judgment. The money doesn't go away (at least not yet), but you cannot access your money and any checks you have written on the account that haven't cleared will bounce. And any money that is deposited into the account after the restraint is in effect – such as automatic payroll deposits – will also be frozen.

Once the creditor finds out that they have been successful in restraining your bank account, they will then have a sheriff or court marshal serve a "property execution" on your bank. When that happens, the money actually goes away from your bank and is applied to the judgment. As a legal matter, there are certain funds that the creditor is not entitled to take, such as social security or 90% of payroll money. As a practical matter, a restraint completely messes up your bank account, even if the money in your account is not supposed to be taken by a judgment creditor.

What can you do? Call me, for one thing. I can give you good advise as to what your bankruptcy or non-bankruptcy options are when your money is restrained in a bank account. If we decide that bankruptcy is the best option, the money in your account will be released from the restraint the moment we file a bankruptcy petition.

The best thing to do is to call me before your bank account is restrained, when you know you are in serious financial difficulty and are being – or about to be – sued by your creditors.

I am ready to help you end creditor harassment today:

  • Stop collections calls immediately
  • Stop wage garnishment
  • Lift restrained or "frozen" bank accounts
  • Eliminate your consumer debt through Chapter 7 bankruptcy
  • Reorganize your debt through Chapter 13 bankruptcy
  • Stop foreclosure, keep your house and car
  • Get the credit counseling your family needs
  • Avoid the mistake of paying a debt negotiation company

End creditor harassment. I can help make the worry stop.

I have more than 20 years of experience focusing exclusively on bankruptcy law. I understand the new laws and how bankruptcy affects individuals and families. Contact my office for a free telephone consultation. Let me help make the worry stop today.