Midland Funding LLC v. Singleton

OPINION OF THE COURT

Fred J. Hirsh, J.

This is another case involving the complex and convoluted practices and procedures required to determine if funds on deposit in a judgment debtor’s bank account are exempt from execution pursuant to CPLR 5222-a. More specifically, this case raises questions about the procedures involved in determining whether a judgment debtor’s claim that funds on deposit in a bank are exempt from execution when the judgment debtor does not appear or oppose judgment creditor’s motion contesting judgment debtor’s claim the funds are exempt from restraint and execution.

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