Tuesday, January 2, 2007

How to Seize Bank Accounts

How to Seize Bank Accounts

When someone owes you money, legally, and you are not able to collect, you might be able to seize the debtor's account. To seize a bank account, you will need a court order awarding you a judgment against the owner of the bank account. As part of the court order, you will need the judge to award you the right to freeze assets and the defendant's bank account. Upon freezing the account, and then you will have to appear in court with the defendant to ask the judge to allow you to seize funds in the account to offset the amount awarded in the original judgment.

Instructions

    1

    Obtain copies of the original judgment awarded by the court and request a legal order specifying the right to freeze the defendant's assets and bank accounts. The court may call the bank beforehand to provide it notice of your intent to freeze the account.

    2

    Take the original judgment and the legal order to the defendant's financial institution and present them to the branch manager, requesting to freeze the defendant's bank account.

    3

    Ask the bank to provide you with a confirmation once the bank places a freeze on the account. The bank will usually take about three business days to verify the information you provide and to place the freeze on the defendant's account.

    4

    Attend the required hearing entitled to the defendant, where he will seek to provide evidence to prevent seizure of the bank account or funds in the account. If you win the hearing and the judge allows you to move forward with the seizure, you will need copies of the order from the court.

    5

    Take the order of seizure to the bank account and request all funds up to the amount awarded in the judgment. The bank will remit the funds to you as specified by the court.

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