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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 19311
Experience:  Lawyer and legal specialist.
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My mother has a judgement against her from a vehicle being

Customer Question

My mother has a judgement against her from a vehicle being repossesed . About 3 years ago . She was making payments to the local sheriffs office as part of a payment plan however about 3 months ago she stopped due to financial hardship . Last month she was hit from behind while at a stop light . The car has since been fixed. The insurance company sent the check for the body shop directly to my mother and under her name . She deposited it into her bank account so that after it cleared she could get a bank check made out to the body shop . However her bank account was frozen and all the money taken out . She has all the paper work stating the check was for the body shop payment . Shouldnt this be exempt from the judgement . We live in NY Thank you
Submitted: 8 years ago.
Category: Legal
Expert:  Allen M., Esq. replied 8 years ago.
This question has been fully answered by another attorney.

If the funds were placed into the bank account, they became mingled with non-exempt funds and lost any protection they might have had (if any).

Customer: replied 8 years ago.

How now can the body shop get paid ? Any suggestions ? My mother is a single parent and just struggeling to get by . I am going to accept your response but any advice would be great .

Expert:  Allen M., Esq. replied 8 years ago.
Don't accept my response. Accept the response of the other attorney that already answered the original question.

If you wish to accept my response to your new question, so be it...but it's not really going to be worth it (so just accept the other attorney's answer in your original thread).

I have no suggestions. Once the money is gone, it's gone. I would have suggested, at the beginning, to sign the check directly over to the body shop....but that's no comfort now.