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#2113110 - 01/05/17 02:35 PM Consumer accounts being charged a restraint fee
Pioneer652 Offline
New Poster
Joined: Sep 2016
Posts: 1
I work at a bank in NYS. We are unsure when we can take our fee for processing restraining notices. We currently take our fee only if there is enough to cover the amount of the restraint. I have recently heard that we could take our fee first and then send the difference on a demand for payment but I am unable to find any information on this subject. Any input would be helpful. Thanks!

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#2113136 - 01/05/17 03:42 PM Re: Consumer accounts being charged a restraint fee Pioneer652
edAudit Offline
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edAudit
Joined: Jul 2008
Posts: 4,797
You are here
Fee for banking institution's costs in processing a restraining notice for an account.  In the event that a banking institution served with a restraining notice cannot lawfully restrain a judgment debtor's banking institution account, or a restraint is placed on the judgment debtor's account in violation of any section of this chapter, the banking institution shall charge no fee to the judgment debtor regardless of any terms of agreement, or schedule of fees, or other contract between the judgment debtor and the banking institution. - See more at: http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-5222.html#sthash.elNniTAl.dpuf

http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-5222.html

Yikes I did not know that.
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