Citibank, South Dakota, N.A. v. Coffey

WOLFSON, J.S.C.

I. BACKGROUND

The Plaintiff, Citibank, South Dakota, instituted a suit against the Defendant, Lisa Coffey, based upon her purported failure to pay charges incurred through her Citibank Visa card. A default judgment of $1,707.28 was obtained whereupon Plaintiffs located and levied upon her bank account with First Fidelity Bank, N.A. (the “Bank”).

The issue raised in this case is whether the Bank may, prior to honoring the levy, extract an administrative fee attributable to that same levy.

In support of its claimed entitlement to deduct an administrative fee from its depositor’s…