Legal Question in Civil Litigation in Massachusetts
exparte
my bank was notified that an exparte action against me was approved by local court and they were notified that they should attach all ''momies, goods and etc due me should be attached''. My question is can I still cash a check like social security at that bank without them confiscating it?
3 Answers from Attorneys
Re: exparte
I agree.
The underlying matter is dealing with the basis for the court ordered attachment.
Re: exparte
Why not just go to a different bank? No one can seize or attach an account that they don't know about.
Re: exparte
NO! You have no control whatsoever over your bank assets. They have been seized by the party seeking the attachment, pending a hearing, which should be immediately, Monday or Tuesday next week. You need a lot of help here. It is very very rare that courts allows asset freezes like this one w/o any notice to you FIRST and an opportunity for you to oppose the request. The other side apparently convinced the court that due to certain facts, if provided notice of the hearing, you would probably try to hide the money so it couldn't be attached (illegal). The court apparently agreed, based on evidence that must be very unfavorable to you.
Let me know if you need help. This is not a good situation for you, and I can step in and mitigate the damage to you, if at all possible. On your own, you've got real hurdles.
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