Court order froze my bank account – what are my rights?
It’s a temporary restraining order that I’m assuming is lifted after discovery. So far, it’s been 6 months with no access to the accounts.
I even got a letter in the mail from the bank saying they will close the account on May 8th, but when I went into a branch, I was told they still can’t close it due to an active legal matter.
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To unfreeze your accounts, you can:
- File a motion to clarify the TRO’s scope.
- Prove the funds are exempt (e.g., protected income like Social Security).
- Demonstrate there is no legal basis for targeting your assets (e.g., lack of involvement in the dispute).
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Full Conversation
Can I be amended into a case even though I haven’t been served?
Lexi, Chatbot
I understand your concern. Have you received any communication about the case or been made aware of it in any way?
The only way I knew was due to my bank accounts being frozen.
Lexi, Chatbot
Are you looking to be added as a party to the case, or are you seeking information on your rights in this situation?
I’m looking for my rights.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your rights.
No.
Attorney Matt
Hello. This is Attorney Matt. I understand your bank accounts have been frozen, and I'm here to help you understand your rights in this situation.
Can you share more about the nature of the case that has led to your bank accounts being frozen?
It’s a trademark/counterfeiting case — there are about 2,000 parties.
Attorney Matt
Do you already have a judgment against you, or is this a temporary restraining order (TRO) freezing your bank account?
It’s a temporary restraining order that I’m assuming is lifted after discovery. So far, it’s been 6 months with no access to the accounts.
I even got a letter in the mail from the bank saying they will close the account on May 8th, but when I went into a branch, I was told they still can’t close it due to an active legal matter.
Attorney Matt
A plaintiff can generally amend a complaint to include additional defendants. However, it’s essential to properly serve the new defendant to initiate the case against them. If there is no service or if the service is improper, the added defendant may file a motion to dismiss or vacate the TRO.
What are the ways I can be served?
Also, should I wait for them to amend the case without my name in it?
Attorney Matt
Generally, personal service is required. However, if it’s not possible to serve a defendant in person, the court may permit the plaintiff to hand-deliver and mail the summons and complaint.
Since your bank account is frozen, this indicates that you are already named as a defendant, and the complaint has been amended to include you.
The next step is for you to check the court docket for the case’s procedural history.
I’m not listed as a defendant — they are claiming I’m affiliated with a counterfeit website.
Attorney Matt
To unfreeze your accounts, you can:
- File a motion to clarify the TRO’s scope.
- Prove the funds are exempt (e.g., protected income like Social Security).
- Demonstrate there is no legal basis for targeting your assets (e.g., lack of involvement in the dispute).
Should I claim financial hardship in this motion since it’s all of my money?
Attorney Matt
You can attempt to do so. Explain how the freeze impacts your ability to pay for necessities and provide supporting documentation (such as bills, pay stubs, or eviction notices) if possible. Courts often consider such evidence when deciding whether to grant relief from a freeze.
Thank you.
Attorney Matt
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