How long can a court-ordered bank freeze last during discovery if I’m not a named party?
How long do restraints last on a bank account?
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If your account has been frozen as part of discovery in a civil case, that freeze usually remains in place only for the duration of the discovery period or until the court modifies or lifts the order. The purpose of this type of restraint is to preserve assets while the parties exchange information and evidence — particularly in cases where there are allegations of improper financial activity or potential asset concealment.
You should be formally notified of any court order affecting your accounts and given an opportunity to respond or contest the restraint. If you haven’t yet been served or added as a named party, your attorney can file a motion asking the court to clarify the basis of the freeze and to release your funds if the court lacks jurisdiction over you.
It’s fairly common for courts to impose temporary freezes like this in complex civil matters, especially when they suspect funds might be moved or hidden, but they are not meant to be indefinite or punitive. Once discovery concludes — or if the court determines the restraint is improper — the account should be unfrozen.
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How long do restraints last on a bank account?
Lexi, Chatbot
I understand this is concerning. Were the restraints imposed recently?
Six months ago.
Lexi, Chatbot
What led to the restraints being placed?
It’s part of discovery in a trademark suit.
Lexi, Chatbot
Anything else the lawyer should know?
Yes.
Elizabeth
Hi there! I’m Liz, an attorney. To help: are the restraints from a court order?
Yes, from a court order—but I’m not named in the case.
Elizabeth
Is the bank account in your personal name?
It’s in my personal name and also a business name—there are 3 accounts.
Elizabeth
Does the court order list any expiration?
No expiration; it just says it’s part of “fast discovery.”
Elizabeth
Have you had any court hearings?
I haven’t. They say discovery will be over in July. No papers have been served.
Elizabeth
If your account has been frozen as part of discovery in a civil case, that freeze usually remains in place only for the duration of the discovery period or until the court modifies or lifts the order. The purpose of this type of restraint is to preserve assets while the parties exchange information and evidence — particularly in cases where there are allegations of improper financial activity or potential asset concealment.
You should be formally notified of any court order affecting your accounts and given an opportunity to respond or contest the restraint. If you haven’t yet been served or added as a named party, your attorney can file a motion asking the court to clarify the basis of the freeze and to release your funds if the court lacks jurisdiction over you.
It’s fairly common for courts to impose temporary freezes like this in complex civil matters, especially when they suspect funds might be moved or hidden, but they are not meant to be indefinite or punitive. Once discovery concludes — or if the court determines the restraint is improper — the account should be unfrozen.
If I’m not listed as a party, do I have a legal obligation to respond?
Elizabeth
If you’re not a party, you’re technically not part of the case. Is your company listed?
My company isn’t listed. They claim I’m part of another party, but I’m not.
Elizabeth
If neither you nor your company is listed, the court would lack jurisdiction over you.
If they lack jurisdiction, how can they freeze my account? I mistakenly listed another site on my Stripe account and now they’re claiming I’m them.
Elizabeth
The court may not know you aren’t involved. Have you filed anything?
No. I spoke to Nike’s lawyers—they said they’re building a case against me, don’t need to list me yet, and can name me as a John Doe. My attorney reached out to them.
Elizabeth
Listing you as a John Doe wouldn’t give jurisdiction over your assets.
So I should have my counsel file a motion? Hypothetically, if they got an $8M summary judgment, could I file bankruptcy? Would they take it all from my bank account or put me on a payment plan?
Elizabeth
Bankruptcy depends on the nature of the debt. Debts from intentional fraud are not dischargeable.
Would trademark infringement be intentional?
Elizabeth
It can be intentional or unintentional—depends on the facts.
How do payment plans work—small monthly amount?
Elizabeth
Depends on the judgment and your finances—usually biweekly or monthly.
Is it better to fight or let it default? $200k was restrained.
Elizabeth
If you default, they could seize the restrained funds to satisfy the judgment.
So it’s better to fight. They want info on other defendants—would cooperating help me get a smaller settlement?
Elizabeth
You can try to negotiate cooperation (e.g., testimony, information) to reduce your liability, as long as you’re not violating any contracts.
I don’t have obligations to them—they’re in China. I have one U.S. contact I could provide.
Elizabeth
Then negotiating cooperation may be viable.
That’s the stance I’ll take.
Elizabeth
Understood. I hope this helped! If you have other questions, feel free to ask.
Elizabeth
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