Can a bank account be attached if the legal paperwork has another bank’s name on it?
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Can a bank account be attached if the legal paperwork has another bank’s name on it?
My bank account has been attached the courts. The letter to the bank was for a different bank but this bank accepted it anyway. Are they allowed to do that? I thought that the court letter had to be for the exact bank that the letter is assigned to. Can they just go bank shopping with this letter?
Asked on October 8, 2010 under Bankruptcy Law, New Jersey
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It appears the bank may not have looked at to whom it was addressed but perhaps at your name and the account number. If the lien or garnishment order by the court included the correct name and correct bank account number, the fact the bank name is incorrect could be a simple error but may not result in a reversible error. You have every right to file a motion to stop the lien or garnishment (attachment) for the mistake but understand that the court ultimately makes the decision. If it is discovered you filed the motion to simply hide assets, that could mean big trouble for you as well if the petitioning party cannot (after correcting the error) then attach to the bank account.
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