Legal Question in Business Law in Indiana

My business account has been frozen by court order without me any notice is this legal


Asked on 4/07/11, 11:44 am

1 Answer from Attorneys

Trezanay Atkins tmalaw llc

If the bank was presented with an order to freeze assets, then the bank must follow that order

However, if the order was issued but you were not properly served notice of the hearing that gave rise to the order, you may have the right to request the court to set aside the judgment. If you are successful in setting aside the judgement, then the court will issue another order telling the bank to un-freeze your assets.

In order to figure out if you can vacate judgment, you'll need to request a copy of the order from your bank. Locate the court and cause number on the order. Call the court (or visit the court) and request the clerk look through the case file and tell you when/where you were served with notice of the hearing to freeze your assets. If there is no proof, or if service was made on an address where you didn't live or work, then you may have an argument that proper notice wasn't given to you.

Good luck! tma

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Answered on 4/07/11, 1:55 pm


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