My friend who lives in Manhattan has had $6000 dollars withdrawn from her bank account from an old land lord without permission or even notice given.
When she called the bank they told her it was a “restraining order” and they had no choice but to transfer the money. I have never heard of this before and it sounds so bizarre.
First of all, she owes the old land lord nothing, she paid up all her rent before leaving and left the apartment in pristine condition. Secondly, after she moved out of her old apartment, which was because she had issues with this crazy old land lord, she completely changed banks and bank accounts.
When she checked her bank statement the company the money was transferred to was her land lord’s law firm.
How is this possible that someone can just steal $6000 like that without going to court or anything? My friend was given no notice or anything that this person wanted $6000 from them… never went to court or anything.
What recourse does my friend have now? This money basically represents her entire savings and living expenses. I can’t understand how some law firm can just tell a bank to give them someone else’s money without having to go to court first.
I’m not licensed in New York, and even if I were, I wouldn’t feel comfortable giving legal advice second hand to your friend about this kind of problem. I recommend that you suggest that she see a NY attorney.
Besides, something doesn’t add up here. “Restraining order” is a term that has a specific meaning in several legal contexts, but none that seem to apply here. And you’re right, seizures from bank accounts without prior process (notice and hearing) are not generally permitted.
In most states, this is called a garnishment. This probably means that the landlord has obtained a judgment against your friend, whether your friend knows it or not. Anyway, your friend should consult an attorney immediately.
Remember that a person’s story and the facts may not be the same thing. Most likely, she was notified, she does know the nature of the dispute and the court did approve the transfer based upon evidence provided to it.
Is it conceivable she’s giving you the straight dope, yes. She’s making the claim however, so I suggest you put this into the alleged category. My personal view, she’s blowing smoke.
Thats NY, where “dumpster service” is an art. It is quite possible that your freind was sued & lost - and she never knew it. The Lawfirm will be able to give her the info. If indeed, she never showed up in Court, she has a case that she was never properly served.
Go get Legal Aid or the equivilant. Note that is quite possible that the Judgement for for a much higher amount, so the garnishment can be done over & over. Thus, it has to be looked into.
If she refused service or mail and/or never bothered to read letters sent to her, then she cannot say she never received service, since she could have reasonably known this had she taken reasonable action.
This is my closest friend she has no reason to hide the facts from me and she just wouldn’t.
That would be my second question if she had a court appointment then a process server would have to hand it to her directly and she would have to sign off on it, correct? Is that how it works in these cases? Since her signature can’t policy appear anywhere is that grounds for overturning the decision immediately.
I’ve told her to go see an attorney immediately, the problem is that because of this she has absolutely zero cash to retain one.
If your friend can’t afford an attorney, she may qualify for assistance from one of the various legal aid organizations. Try calling a local law school. The fact that this is a landlord-tenant dispute helps.
Not in my state, and probably not in yours. 2) See answer to #1.
The rules governing service of process vary from state to state, and the rules for vacating a judgment can be extremely technical. Time limits can be crucial. In my state, it is much harder to vacate a judgment after 30 days. It can be done, but the movant must show diligence by proceeding ASAP. For these reasons, your friend needs competent, local legal advice now.
(It is true that a judgment entered without valid service of process is technically void, and can be attacked at any time but, as a practical matter, judges don’t readily overturn judgments on this basis unless it is fairly clear that the service is defective. It probably isn’t going to happen just because your friend claims that she never got the summons.)
Again, I’m not licensed in NY. I’m not your lawyer or that of your friend. This is general information about the way many states look at this kind of issue. For useful, reliable advice, your friend needs a NY lawyer.
