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Attorney For Unfreezing a Frozen Bank Account in New York

Serving Manhattan, Brooklyn, Queens, Bronx, Staten Island, Long Island and Westchester County

Our experienced New York attorneys work diligently on unfreezing bank accounts using various legal strategies. We often explore options like vacating a default judgment or filing for bankruptcy to trigger an automatic stay. There may also be other legal approaches available depending on your specific situation.

If your account has been frozen by a creditor or through a court judgment, contact us today at 212-233-1233. We can provide legal representation to help address your frozen account situation.

Bank Account Freeze Attorney

How Our New York Attorneys Can Unfreeze Your Bank Account

Our Proven Legal Strategies

We employ several powerful legal approaches that have consistently helped our clients regain access to their frozen accounts:

  • Vacating default judgments with strategic motions
  • Filing bankruptcy petitions that trigger the automatic stay
  • Challenging procedurally defective restraining notices
  • Leveraging New York's CPLR §5240 to modify enforcement
  • Asserting exemption claims for protected funds
New York Bank Account Attorney

1. Vacating Default Judgments

Many bank account freezes in New York result from "default judgments" – court rulings made when someone doesn't respond to a lawsuit, often because they were never properly notified.

Our attorneys overturn these judgments by:

  • Demonstrating Improper Service: We investigate whether you were properly served with the lawsuit papers as required by New York's Civil Practice Law and Rules
  • Presenting Meritorious Defenses: We develop legal defenses showing that if you had responded to the lawsuit, you would have had valid arguments against the creditor's claims
  • Filing Strategic Motions: We prepare and file comprehensive motions to vacate that address all legal requirements

When our motion is successful, the court will lift the freeze on your bank account, often within days of filing.

2. Strategic Bankruptcy Filings

Another powerful tool we use to unfreeze accounts is filing for bankruptcy protection. The moment we file a bankruptcy petition, the "automatic stay" goes into effect, which:

  • Immediately stops all collection activities including account freezes
  • Legally requires creditors to release frozen funds
  • Provides broader protection from other collection efforts

For many clients, this approach not only unfreezes accounts but also provides a path to comprehensive debt relief. We carefully analyze your financial situation to determine if bankruptcy is the right option for your specific circumstances.

3. Challenging Restraining Notices

Our attorneys thoroughly examine restraining notices for procedural defects that can lead to immediate account release. In New York, creditors must strictly follow CPLR §5222 requirements when issuing restraining notices. We can invalidate freezes if:

  • Required Exemption Language is Missing: New York law mandates specific language about exemptions in restraining notices
  • Improper Service: The notice wasn't properly served on all required parties
  • Scope Violations: The freeze exceeds what's legally permitted under New York law
  • Procedural Defects: Other technical violations in the restraining process

These challenges can result in the immediate release of your funds without lengthy litigation.

4. Motion to Modify Enforcement

For clients with complex financial situations, we leverage New York's CPLR §5240, which grants courts broad discretion to "deny, limit, condition, regulate, extend or modify the use of any enforcement procedure."

This powerful provision allows our attorneys to request that the court modify or terminate an account freeze based on your specific circumstances and equitable considerations, such as:

  • Demonstrating financial hardship
  • Showing the freeze is disproportionate to the debt
  • Proving the freeze impacts innocent third parties
  • Establishing that the freeze prevents payment of necessary expenses

This approach requires skilled legal advocacy but can be highly effective when other methods aren't applicable.

5. Exempt Fund Protection

Many New Yorkers don't realize that certain funds are legally protected from freezes and seizures. Our attorneys can file exemption claims to protect funds such as:

  • Social Security benefits
  • Supplemental Security Income (SSI)
  • Veterans benefits
  • Public assistance
  • Child support payments received
  • Unemployment insurance
  • Workers' compensation benefits
  • Public or private pensions
  • Disability benefits
  • 90% of your wages earned within the last 60 days

New York's Exempt Income Protection Act provides important protections for these funds—but only if you properly assert these protections through the correct legal channels.

6. Challenging Underlying Judgments

Beyond vacating default judgments, our attorneys can challenge judgments on numerous other legal grounds that may not be immediately obvious:

  • Satisfaction of the Judgment: Demonstrating the judgment has already been paid in full
  • Judgment Expiration: New York judgments expire after 20 years
  • Prior Bankruptcy Discharge: Showing the debt was discharged in a previous bankruptcy
  • Jurisdictional Issues: Establishing the court lacked proper jurisdiction
  • Identity Confusion: Proving the judgment was meant for someone with a similar name

These sophisticated challenges often require in-depth legal research and skilled advocacy, which our attorneys provide.

Schedule a Consultation About Your Frozen Account

Every day matters. The sooner you act, the sooner you can regain access to your funds.

We offer same-day consultations and immediate legal action for urgent account freezes. Get professional legal representation before your funds are lost for good.

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Frozen Bank Account FAQ

Common questions about frozen bank accounts in New York, based on our extensive experience helping clients through this process.

Can you really unfreeze my bank account?

Yes, in many cases we are able to unfreeze bank accounts by vacating default judgments, filing for bankruptcy, challenging restraining notices, or negotiating with creditors. Every case is unique, but our experience and legal strategies have helped many New Yorkers regain access to their funds.

How long does it take to unfreeze an account?

The timeline depends on the legal strategy used. Bankruptcy can unfreeze an account almost immediately. Vacating a default judgment or challenging a restraining notice can take a few days to a couple of weeks. Negotiated settlements may resolve matters within days. Acting quickly is critical.

What funds are protected from being frozen?

Funds such as Social Security, SSI, veterans benefits, public assistance, child support, unemployment, workers' compensation, pensions, disability, and 90% of recent wages are protected by New York's Exempt Income Protection Act. We can help assert your rights to these funds.

Attorney Albert Goodwin

About the Author

Albert Goodwin, Esq. is a licensed New York attorney with over 15 years of experience helping clients unfreeze bank accounts and resolve complex financial legal issues. His extensive knowledge of New York's civil and bankruptcy laws has helped numerous clients successfully regain access to their funds.

He can be reached at 212-233-1233 or [email protected].

Recognition & Credentials

Albert Goodwin gave interviews to and appeared on the following media outlets:

ProPublica Forbes ABC CNBC CBS NBC News Discovery Wall Street Journal NPR

Client Reviews

Verified feedback from our clients

Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.

Sarah M

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Thanks to Mr. Albert Goodwin's hard work and smart thinking, I finally won my case, which has been a long time coming. He figured out solutions that no one else could see. I'm really impressed by his strong ethics - something that's rare these days. As my lawyer, he went above and beyond what I expected. I'm so grateful I found him and would definitely recommend him to anyone needing legal help.

Lawrence H

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From our first meeting, I knew I was in great hands with Albert and his associate Katrina. They handled my case with incredible skill and efficiency, even though they took it over from another firm. What impressed me most was how quickly Albert responded to my questions with honest, clear answers - no sugarcoating, just straight talk. They managed a huge workload under tight deadlines, and their fees were very reasonable for such high-quality work. Beyond his legal expertise, Albert's wit and personality made a difficult process much easier to handle. I'm deeply grateful for their hard work and would absolutely choose them again. If you need legal help in New York, you won't find better representation than Albert's firm.

Adam F

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