The Bank "stole" my money

[JohnC]

What is the name of your state? New York
I just learned that the bank gave ALL my money to Mel Harris. I owed MH $1079 and the bank gave hin $2,098 . I know this is not right.As I understand it, the bank can "Hold" double the amount owed, but Mel Harris is only supposed to get what he is owed.
Who owes me $1079...plus overdraft fees $110.00 incurred because ALL my money was removed. The Bank or Mel Harris????

Also, I now have a court date to give Mel Harris a chance to tell the court why the money is his and not mine.

 

[Ladynred]

What was the amount of the judgment and how old is the judgment ??

NY state law says they can levy twice the amount of the debt. If that amount pays off the judgment in its entirety, including any accumulated statutory interest, then the judgment creditor keeps the money. If $1079 is the FULLL TOTAL, that's all the judgment creditor gets to keep.

 

[JohnC]

The judgement was filed in 2004 and the amount in the Judgement is for $1098,
The bank told me they gave Mel Harris 2079= 2X $1098. Someone owes me $1098plus overdraft fees.

 

[Ladynred]

The money doesn't go directly to Mel Harris, the money is taken by the Sheriff and held for a set period of time before it goes to the judgment creditor. That waiting period before the money is turned over is to allow you to appeal the levy - which you have done.

§ 6218. Sheriff's duties after levy. (a) Retention of property. The sheriff shall hold and safely keep all property or debts paid, delivered, transferred or assigned to him or taken into his custody to answer any judgment that may be obtained against the defendant in the action, unless otherwise directed by the court or the plaintiff, subject
to the payment of the sheriff's fees and expenses.

 

[You Are Guilty]

Generally, the excess, if any, is returned ~30 days after the last proceeding. (Obviously, this differs due to the specific circumstances of each case.) For you, it's going to be "on hold" for a while - at least until you get the judgment vacated.

However, even if the judgment were to stand, you'd be getting back less than $1098, as there is around $150 in post-judgment interest to account for. Plus, the only one responsible for overdraft fees is you, as its incumbent on you to determine when, and if, you have sufficient funds to draw upon in your account at all times.

 

[You Are Guilty]

Also, I now have a court date to give Mel Harris a chance to tell the court why the money is his and not mine.

Actually, as you're the one moving to vacate, the burden of proof is on you to show why MH doesn't get the money. MH can show up and not say a word, and if you fail to make your case, they win.