Hamilton Equity Group LLC v. Optimal Care Inc.

Judgment Creditor Failed to Satisfy the Eight-Day Service Deadline of CPLR 5222-a

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This motion, arising in the context of judgment-enforcement efforts by plaintiff, Hamilton Equity Group, LLC, against defendant Salah Mohamed, requires this court to address what appears to be an issue of first impression relating to the protections for judgment debtors set forth in CPLR 5222-a (c) (4). Plaintiff holds a 2019 renewal judgment against defendants for $190,347.94. In November 2022, plaintiff served a restraining notice on a Citibank bank account of defendant Salah Mohamed. Mohamed responded to that restraining notice with an exemption claim. Plaintiff now moves for an order modifying its restraining notice to exclude the exempt funds Mohamed held in his Citibank account; upholding the restraining notice with regard to assertedly non-exempt funds in the account; and directing Citibank to turn over to plaintiff all non-exempt funds currently on deposit. Plaintiff’s motion is denied. Mohamed, contending that plaintiff acted in bad faith within the meaning of CPLR 5222-a (c) (4), requests under CPLR 5222-g that this court award him actual damages, $1,000 in statutory damages, and attorney fees against plaintiff. This court is not persuaded that plaintiff acted in bad faith for purposes of CPLR 5222-a (c) (4). Mohamed’s request for an award under CPLR 5222-g is denied. DISCUSSION 1. On November 17, 2022, plaintiff served an information subpoena, restraining notice, and two copies of an exemption claim form on Citibank. Plaintiff also served a CPLR 5222 (d) notice to judgment debtor on Mohamed on November 22. On December 9, 2022, plaintiff received an exemption form from Mohamed in which he claimed that his Citibank account contains exempt funds, including those from Social Security, Social Security disability, public assistance, child support, alimony, and cash deposit of a federal stimulus check from the mother of his children. (NYSCEF No. 28 at

Hamilton Equity Group LLC v. Optimal Care Inc.

Judgment Creditor Failed to Satisfy the Eight-Day Service Deadline of CPLR 5222-a

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