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Exemption Notice (To Judgment Debtor) And Exemption Claim Form. This is a New York form and can be use in General.
Tags: Exemption Notice (To Judgment Debtor) And Exemption Claim Form, New York General,
CIVIL
COUNTY OF
COURT OF THE CITY OF NEW YORK
Index No. ________________
Plaintiff(s),
EXEMPTION NOTICE
as Required by New York Law
[CPLR § 5222(a)]
-against-
Defendant(s).
YOUR BANK ACCOUNT IS RESTRAINED OR “FROZEN”
The attached Restraining Notice or Notice of Levy by Execution has been issued against
your bank account. You are receiving this notice because a creditor has obtained a money
judgment against you, and one or more of your bank accounts has been restrained to pay the
judgment. A money judgment is a court's decision that you owe money to a creditor. You should
be aware that FUTURE DEPOSITS into your account(s) might also be restrained if you do not
respond to this notice. You may be able to “vacate” (remove) the judgment. If the judgment is
vacated, your bank account will be released. Consult an attorney (including free legal services)
or visit the court clerk for more information about how to do this. Under state and federal law,
certain types of funds cannot be taken from your bank account to pay a judgment. Such money is
said to be “exempt.”
DOES YOUR BANK ACCOUNT CONTAIN ANY OF THE FOLLOWING TYPES OF FUNDS?
11. Social security;
12. Social security disability (SSD);
13. Supplemental security income (SSI);
14. Public assistance (welfare);
15. Income earned while receiving SSI or public assistance;
16. Veterans benefits;
17. Unemployment insurance;
18. Payments from pensions and retirement accounts;
19. Disability benefits;
10. Income earned in the last 60 days (90% of which is exempt);
11. Workers’ compensation benefits;
12. Child support;
13. Spousal support or maintenance (alimony);
14. Railroad retirement; and/or
15. Black lung benefits.
If YES, you can claim that your money is exempt and cannot be taken.
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To make the claim, you must
(a) complete the EXEMPTION CLAIM FORM attached;
(b) deliver or mail the form to the bank with the restrained or “frozen” account; and
(c) deliver or mail the form to the creditor or its attorney at the address listed on the
form.
You must send the forms within 20 DAYS of the postmarked date on the envelope
holding this notice. You may be able to get your account released faster if you send to the
creditor or its attorney written proof that your money is exempt. Proof can include an award
letter from the government, an annual statement from your pension, pay stubs, copies of checks,
bank records showing the last two months of account activity, or other papers showing that the
money in your bank account is exempt. If you send the creditor’s attorney proof that the money
in your account is exempt, the attorney must release that money within seven days. You do not
need an attorney to make an exemption claim using the form.
Dated:
Creditor or Attorney(s) for Judgment Creditor
Post Office Address:
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CIVIL
COUNTY OF
COURT OF THE CITY OF NEW YORK
Index No. ________________
Plaintiff()s/Petitioner(s)/Claimant(s),
EXEMPTION CLAIM FORM
V.
Defendant(s)/Respondent(s).
NAME AND ADDRESS OF JUDGMENT
CREDITOR OR ATTORNEY (To be
completed by judgment creditor or attorney)
ADDRESS A ________________________
____________________________________
____________________________________
NAME AND ADDRESS OF FINANCIAL
INSTITUTION (To be completed by
judgment creditor or attorney)
ADDRESS B ________________________
____________________________________
____________________________________
Directions: To claim that some or all of the funds in your account are exempt, complete
both copies of this form, and make one copy for yourself. Mail or deliver one form to ADDRESS
A and one form to ADDRESS B within twenty days of the date on the envelope holding this
notice. **If you have any documents, such as an award letter, an annual statement from your
pension, paystubs, copies of checks or bank records showing the last two months of account
activity, include copies of the documents with this form. Your account may be released more quickly.
I state that my account contains the following type(s) of funds (check all that apply):
____ Social security
____ Social security disability (SSD)
____ Supplemental security income (SSI)
____ Public assistance
____ Wages while receiving SSI or public assistance
____ Veterans benefits
____ Unemployment insurance
____ Payments from pensions and retirement accounts
____ Income earned in the last 60 days (90% of which is exempt)
____ Child support
____ Spousal support or maintenance (alimony)
____ Workers’ compensation
____ Railroad retirement or black lung benefits
____ Other (describe exemption):
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I request that any correspondence to me regarding my claim be sent to the following address:
(FILL IN YOUR COMPLETE ADDRESS)
I certify under penalty of perjury that the statement above is true to the best of my knowledge
and belief.
Date
Signature of Judgment Debtor
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CIVIL
COUNTY OF
COURT OF THE CITY OF NEW YORK
Index No. ________________
Plaintiff()s/Petitioner(s)/Claimant(s),
EXEMPTION CLAIM FORM
V.
Defendant(s)/Respondent(s).
NAME AND ADDRESS OF JUDGMENT
CREDITOR OR ATTORNEY (To be
completed by judgment creditor or attorney)
ADDRESS A ________________________
____________________________________
____________________________________
NAME AND ADDRESS OF FINANCIAL
INSTITUTION (To be completed by
judgment creditor or attorney)
ADDRESS B ________________________
____________________________________
____________________________________
Directions: To claim that some or all of the funds in your account are exempt, complete
both copies of this form, and make one copy for yourself. Mail or deliver one form to ADDRESS
A and one form to ADDRESS B within twenty days of the date on the envelope holding this
notice. **If you have any documents, such as an award letter, an annual statement from your
pension, paystubs, copies of checks or bank records showing the last two months of account
activity, include copies of the documents with this form. Your account may be released more quickly.
I state that my account contains the following type(s) of funds (check all that apply):
____ Social security
____ Social security disability (SSD)
____ Supplemental security income (SSI)
____ Public assistance
____ Wages while receiving SSI or public assistance
____ Veterans benefits
____ Unemployment insurance
____ Payments from pensions and retirement accounts
____ Income earned in the last 60 days (90% of which is exempt)
____ Child support
____ Spousal support or maintenance (alimony)
____ Workers’ compensation
____ Railroad retirement or black lung benefits
____ Other (describe exemption):
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I request that any correspondence to me regarding my claim be sent to the following address:
(FILL IN YOUR COMPLETE ADDRESS)
I certify under penalty of perjury that the statement above is true to the best of my knowledge
and belief.
Date
Signature of Judgment Debtor
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