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How to Freeze a Debtor's Bank Account in New York

Catch the money before it moves. (General information, not legal advice.)

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A restraining notice can freeze a judgment debtor's bank account fast, then a levy collects what's there.

Restrain, then levy

A restraining notice (CPLR 5222) orders the bank not to release the debtor's funds. To actually collect, you levy through a New York City marshal or county sheriff (CPLR 5232), who must serve the exemption notices the law requires.

Exemptions protect some funds

New York's EIPA protects a minimum bank balance and exempt funds like Social Security. Knowing which accounts hold non-exempt money (often via an information subpoena) makes the levy land.

FAQ

How do I know which bank to restrain?

An information subpoena to suspected banks, plus what you already know.

How long does the freeze last?

A restraining notice is effective for a statutory period and can be renewed; you levy to actually collect.

What's protected?

A baseline bank amount and exempt benefits like Social Security, under New York's Exempt Income Protection Act.

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