Legal Question in Business Law in California
I am the new account owner for a bank account that has been frozen by the courts due to criminal activity by the former account owner. How can I petition the court to free up the account so I can access the funds? I have a notarized power of attorney from the former account owner and I have other state-recorded documentation that identifies me as the entity for the LLC that I represent.
2 Answers from Attorneys
There is no way I know of to do what you want. The reason the account is frozen is so that the assets can be seized by the government if they can prove a criminal case that includs a seizure penalty. It wouldn't exactly make sense to let someone else access the account and spend the funds that the government wants to seize for fines, restitution, or forfeiture.
If the assets were frozen pursuant to a court order, you will need to convince the judge to change the order. This isn't the type of thing where you can simply get a power of attorney and fill out a few forms. You should see a local attorney right away.
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