Does a bank have to follow legal orders by a court?
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Does a bank have to follow legal orders by a court?
My bank account was held by a creditor. I filed a motion to have the bank account released and the motion was granted. However, the bank has not released the account. It has been over two weeks and when I talked to the bank’s legal department, they told me that they had to talk with the plaintiff to see if they object. The motion was granted so I am not sure why they are consulting with the plaintiff. Can they do this?
Asked on October 13, 2011 under Bankruptcy Law, Maryland
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the court issues a valid court order requiring the bank account that was levied upon that you own to be released, the bank is required to release the account to you within the time period specifically stated by the court order.
If the bank through its representatives does not obey the court order within the time frame specificed by the order, the court through a noticed motion (order to show cause re contempt) could find the bank and its representatives in contempt of an order and impose monetary santions against the bank or even jail time as to its representatives.
I would write the bank a letter setting a time period to obey the valid court order or be subject to a petition to find it in contempt.
Good luck.
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