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CASE LAW RELATED TO ENFORCEMENT OF MONEY JUDGMENTS AND ……EXEMPTIONS  (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

         

(e) Content of Notice….

NOTICE TO JUDGMENT DEBTOR

Money or property belonging to you may have been taken or held in order to satisfy a judgment which has been entered against you. Read this carefully.

YOU MAY BE ABLE TO GET YOUR MONEY BACK

State and federal laws prevent certain money or property from being taken to satisfy judgments or orders.  Such money or property is said to be “exempt”.

  1. Supplemental security income (SSI);
  2. Social security;
  3. Public assistance (welfare);
  4. Spousal support, maintenance (alimony) or child support;
  5. Unemployment benefits;
  6. Disability benefits;
  7. Worker’s compensation benefits;
  8. Public or private pensions;
  9. Veteran’s benefits;

10. Ninety percent of your wages or salary earned in the last sixty days;

11. Twenty-five hundred dollars of any bank account containing statutorily exempt payments that were deposited electronically or by direct deposit within the last forty-five days, including but not limited to your social security, supplemental security income, veterans benefits, public assistance, workers’ compensation, unemployment insurance, public or private pensions, railroad retirement benefits, black lung benefits or child support payments;

12. Railroad benefits; and

13. Black lung benefits

………………………………………….

(k)”The provisions of this section do not apply . . . if the debt enforced is for child support, spousal support, maintenance or alimony.”  Moreover, counsel fee awards in matrimonial cases, since such fees are in the nature of support.  That principle has been extended by the state courts to hold that counsel fee awards incurred solely with respect to custody and visitation are also not dischargeable in bankruptcy (Matter of Ross v Sperow, 57 AD3d 1255 [3d Dept 2008]).  See AB v GH, 2011 NY Slip Op 21146 [31 Misc 3d 945]

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.


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