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    mikewol3's Avatar
    mikewol3 Posts: 2, Reputation: 1
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    #1

    Jan 11, 2008, 09:43 AM
    Restraint on bank account
    My son and I share the same name, differentiated only by a III (for me) and a IV (for him). I have a joint bank account with my wife. I did not use the suffix after my last name on the account. A collection agency put a restraint on my account, based only on the first name (Mike and not Michael), and the last name (no suffix). It is not my debt, and my son is not a minor. They did not use to match a social security number or date of birth. There is only the first page of the restraining notice from the court with the first name (Mike), last name (no suffix), and the address. (he lives with us)... The state is New York... Is this legal (I explained this to the bank and they said they could do nothing), and my son called the collection agency (they told him they knew it wasn't his account and that "maybe daddy will pay it!! ). How do I proceed from here?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Jan 11, 2008, 09:53 AM
    File Motion in the Court to Vacate the Restraint due to mistate in id. Request emergency hearing due to their error.
    mikewol3's Avatar
    mikewol3 Posts: 2, Reputation: 1
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    #3

    Jan 11, 2008, 10:04 AM
    Quote Originally Posted by mr.yet
    File Motion in the Court to Vacate the Restraint due to mistate in id. Request emergency hearing due to their error.
    Doesn't a retraininng order have more specific information on it<
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