How to Remove a Bank Account Freeze
Your bank accounts can be frozen when a lien is placed against it which means you cannot access your money until the lien has been lifted. Liens are sometimes instituted by a debt collection company if you have an unsatisfied debt, by a taxing authority for taxes owed, for recovery of child support or alimony payments, or by a bank as collateral for a loan.
Before you seek to remove a bank account freeze you need to learn why it was put there in the first place. A bank representative should be able to tell you who placed the lien, valuable information to help you remove the freeze from your bank account.
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Things You'll Need
- Bank statements
- Proof of income
- Copies of judgments
- Legal representation
Instructions
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Contact your bank. Your first indication that a freeze has been placed on your bank account is your inability to withdraw funds. Some states may require that a lien notice be sent to you, but that notice may come only after your attempts to withdraw money from an ATM were refused or if the teller told you that a lien was on your account and that funds could not be released.
Speak with a bank representative to determine who has ordered your account to be frozen. Get their name and phone number.
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Contact your creditor or their attorney. Now that you know who has filed a case against you from the notice you received or information supplied by the bank, contact the creditor and ask how you can have your account unfrozen. Even if they have a valid claim against you, that does not mean that they are entitled to freeze your bank account. Certain funds cannot be frozen including veterans benefits, social security payments, disability monies and unemployment benefits. Your bank should be able to determine which funds come from what sources.
If a portion or all of your funds are exempt from this action, advise them of that. Be prepared to show copies of related documentation to help free up at least a portion of the funds. Remember to include the case number and other filing detail they supplied on any documentation you fax to them.
If none of your funds is legally exempt, find out what you need to do to satisfy your debt including instructions on how you can make payment. Make payments by check, not cash. Document everything and keep a paper trail for reference. Once the debt has been satisfied, ask the creditor or attorney to send a letter to your bank with a copy to you so that the freeze can be released.
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Contact an attorney. If you cannot satisfy the creditor's demands, then you may need legal representation to help you remove the lien against your bank account. If the judgment against you is invalid, your attorney can seek to have the judgment vacated.
You may be able to complete this task yourself by filling out an Order to Show cause form or, if the amount of funds frozen is large or if you prefer legal help, then an attorney can guide you through this process and represent you at a subsequent hearing.
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Tips & Warnings
Consider opening up a separate account at another bank to receive funds such as your social security or veteran benefits payment.
If required to send papers by mail, send copies only and by certified mail return receipt requested.
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Comments
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my friend account was frozen because a hacker tried to get into his account what can he do to get his bank account change to another account.
