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lwpat
lwpat, Attorney
Category: Legal
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Experience:  Actively practicing trial attorney
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My mother had her car reposessed a few years back and there

Customer Question

My mother had her car reposessed a few years back and there is a judgement against her for the remainder of the loan .. she was making payments to the sheriffs office but stopped due to financial hardships . About a month ago she was hit from behind while at a stop light ( new/ different car) . The insurance company sent a check of 6125.65 to my mom to pay the body shop for the damage . The check was made out to her so she put it in her bank account and was going to wait for it to clear to pay the body shop with a bank check . However her account was frozen and all the money taken out . Now the body shop is threatening her with legal action . Shouldnt this be exempt ? we live in new york
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
Unfortunately no. They can attach the money in your bank account so they had a legal right once that is where the money was placed. You could have avoided it by signing the check over to the shop but it is too late now.
Customer: replied 5 years ago.
what would be considered exempt ? She has proof that the money was sent to pay the body shop .
Expert:  lwpat replied 5 years ago.
If it goes into the bank account it can be attached.
Customer: replied 5 years ago.
I see that you can repeat yourself but you still did not answer my previous question .

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