Judge Fred J. Hirsh
The court had ordered an evidentiary hearing to decide if funds deposited in judgment debtor Singleton’s Sovereign account were exempt from judgment enforcement. The court found Singleton’s failure to appear for the hearing required it to reject her claim that the funds were exempt. Midland sought to restrain money on deposit in Sovereign after a default judgment was granted. Singleton objected, claiming the funds were exempt under CPLR 5222-a, enacted as part of the Exempt Income Protection Act. The court noted that even if all the money on deposit in Singleton’s account was from her income, only 90 percent earned 60 days before a restraining notice was issued would be fully exempt from execution. It stated despite knowledge of the judgment and the restraint of funds, Singleton neither moved to vacate the judgment nor opposed the motion objecting to her claim of exemption. The court ruled as she defaulted in these proceedings, she was deemed to have admitted the funds were not exempt from restraint or execution. Singleton failed to testify or submit evidence substantiating her claim the funds were exempt, hence, the court drew an adverse inference, finding the funds were not exempt and granted Midland’s motion.
