Legal Question in Banking Law in Minnesota

Banks/Bank Accounts
I have a bank account with a bank and when I went in to check my balance and withdraw some money out of my savings, I had noticed that 3,700.00 of it was gone and when I asked what happened, one of the bankers said that had simply gotten a fax from a ''lawyer'' stating it was a garnishment and that I owed the government or some company 3700.00 and that they needed the money taken out of my savings account. The letter had the wrong name but the social and the address was right. One thing with that is, it stated I owed this company living at my current address since 1999, but I just moved to the address they listed on the fax paper since 2004. and I've asked several people in banking and they said the only way that the bank should allow someone other than the person on the account to withdraw money is if it was a court order with a state seal on it and that a person working for the court personally went into the bank and gave it to them and had whoever accepting the letter sign for it, but what the bank got was only a fax. So is this a good enough case to sue the bank and get my 3700.00 back and possibly more? Help please.

Asked on 8/12/08, 10:38 pm

David Anderson Anderson Business Law LLC

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Re: Banks/Bank Accounts

The only valid garnishment or levy is via personal service or certified mail, NOT FAX.

I would investigate and determine the sequence of events, and then make claim on the bank for restitution of funds if appropriate.

I have represented banks in the past. Call or email for assistance.

Answered on 8/13/08, 7:26 am

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