- April 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Situation: Bank garnishment-NY Restraining Notice affecting access to safety deposit box
I have recently received a letter from my bank informing me that they have received a garnishment-NY Restraining Notice, restricting my access to my safety deposit box. This issue arises from my husband’s debt and not mine, as he is only a signatory on the account. However, despite the court order being under his name, I am no longer able to access the safety deposit box that contains valuable jewelry passed down to me from my late parents and family.
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****** just grabbed a
>he is just a sign on
Are you 100% certain about that? The box is under an account that is under your name only and he is only an authorized 3rd party key carrier?
Procedurally, you would need to file an Order to Show Cause in the same court that issued the garnishment order, challenging the contents of the safety deposit box.
Sample motion forms can be found here: https://www.nycourts.gov/courts/nyc/civil/forms.shtml
This site might also be able to help: https://lawhelpinteractive.org/Interview/GenerateInterview/5889/engine
From the side of the courts – Safe Deposit Boxes are not usually subject to *garnishment.* Garnishment applies to wages. Safe Deposit Boxes and bank accounts are subject to a Writ of Attachment, which is something completely different, and usually has to be individually stated in the Writ for it to be applicable.
What you have here is a freeze on the account. A freeze means that no one can access the box without a court order, and it’s good for a year. They can’t take anything out of the box, and neither can you (or put anything in) The odd part is 1) They would have had to know that he somehow has access to a safe deposit box, in order to subpoena the banks for the information; and 2) New York state’s debt collection laws specify that he has to be listed as an /owner/ on the safe deposit box.
The other problem you have here is that the debt is automatically assumed to be shared by both parties of a marriage in New York, so the debt isn’t his only. it is *both of yours.*
You will need to go to the court and argue against the restraining notice on your safe deposit box. You will likely need all the documentation from the bank regarding the opening of the box to show whether or not his name is on the ownership. You will probably also want to have any/all documentation on the items IN the box on where it came from, since inheritance is typically considered individual property.
Under New York Banking Law, the creation of a joint bank in the names of two people creates a presumption that the person depositing the money intends that the other person has full rights to make withdrawals from the account. This legal presumption is created regardless of the source of the deposits, and each person is entitled to an undivided one-half interest in the account, giving either of them the right and power, during the lifetime of the other, to withdraw up to the full amount of their money.
So, because the law presumes that half the money in the account belongs to the judgment debtor and the other half belongs to the other person, the debt collector can take at least half unless it can be shown that the joint account was created for convenience only.The statutory presumption that half the money in the joint account belongs to the judgment debtor is a rebuttable presumption that can be overcome by clear and convincing proof that the joint account was used for convenience. Either the judgment debtor or the non-party account holder can go to court, show that the joint account was created only for convenience sake and rebut the presumption. To do this, the challenger can demonstrate that the non-debtor is the only one who used the account.So if you can show in your answer that the items in the box are yours alone, and that you’ve been the only one accessing the contents you may be able to protect the assets in the safe deposit box. You should consult a lawyer in your jurisdiction to determine how best to respond.
To do this you’ll need a lawyer to bring the motion to court and you’ll need to do it soon. A freeze is a first step before the judgement creditor can bring a motion seize the assets in the box.
TL;DR: you need to dispute this in court and prove you alone used the box / own the items in the box. And must do so soon before they claim the assets.
I can’t speak for that bank itself, but for the bank I work at anybody that signs onto the box is considered on the box. This is because it’s technically a leasing agreement not an account and somebody can’t access your property without being considered equally responsible. The only exception I know of, would be in the case of a Power of Attorney where they can sign on behalf of their ward. With him being an authorized key carrier, there is a chance in their system he is actually marked as on the box and this is what is causing them to limit the box. If you check with the bank you may be able to remove him and get access to your box back.
Does your husband have accounts at the same bank, joint or seperate?
Get a lawyer and have them figure it out because it sounds like the bank is trying to pull something shady and it depends on where you are living
In my state (Arkansas) if a bank has garnishment they can garnish any account you are on as joint owner, unless it has some type of benefit payment (like social security)