Legal Question in Civil Litigation in New York

Mismatch of Name and SSN

My sister received notification from her bank stating that a sum of money has been frozen under a court order. The court order has her SSN and partially correct name. The last name and middle initial are totally incorrect and first name is half correct. Furthermore, the court order has an address where she never lived there. The judgement is about a car accident happen in NY in 1996 that she doesn't remember ever happened. The lic plate number of the car involved in the accident appears belong to NY State. She was attending college in NJ and registered her vehicle in the NJ in 1996. What is the best course of action she can take to clear this up and have the money return to her? Does she has any legal recourse to seek damages from the plaintiff, the plaintiff attorney, and the bank?


Asked on 7/05/07, 10:43 am

3 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Mismatch of Name and SSN

This is very clearly going to take a lawyer's assistance. Contact an attorney who litigates (goes to court) who is located not too far away from you.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/05/07, 10:51 am
Gary Moore Gary Moore Attorney At Law

Re: Mismatch of Name and SSN

When money is seized under a judgment the money is not paid out until a turn over order is signed by a judge.

It is necessary to file a motion opposing the turnover of the funds and their release to her immediately.

If she has suffered significant loss of some kind she can sue the attorney if his mistake was not reasonable. She may be able to recoup her attorney's fees as part of the motion to get them back.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/05/07, 11:07 am
Johm Smith tom's

Re: Mismatch of Name and SSN

These guys are correct; don't try to do this on your own.

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Answered on 7/05/07, 12:00 pm


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