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Bank froze account, gave $ away without court order

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tucker1970

Junior Member
What is the name of your state?Alabama. My question is can a bank freeze an account and give all monies in that account away based on a forgery affidavit alone. No police report to support the statement and no court order in place, has the bank violated any federal or state regulations in giving these funds to the other party. The other party was in noway conected to the account.
 


Veronica1228

Senior Member
tucker1970 said:
What is the name of your state?Alabama. My question is can a bank freeze an account and give all monies in that account away based on a forgery affidavit alone. No police report to support the statement and no court order in place, has the bank violated any federal or state regulations in giving these funds to the other party. The other party was in noway conected to the account.
No, the bank has not violated any Regs. If they received an affi from another bank because you received and deposited a fraudulent item then they can recover those funds back for the injured party.

Keep in mind that my response is based solely on the very limited information you provided. If there is more to this story, then my answer may change.
 

tucker1970

Junior Member
My ex-bus. partner signed the affidavit of forgery. The checks in question were deposited in my personal account. Both our business account (a joint account) and my personal account were at the same bank. When presented with the affidavit the bank closed my account and gave the contents to my ex-partner. I felt the police should have been called and the account frozen until things were worked out in court.
 

Veronica1228

Senior Member
tucker1970 said:
My ex-bus. partner signed the affidavit of forgery. The checks in question were deposited in my personal account. Both our business account (a joint account) and my personal account were at the same bank. When presented with the affidavit the bank closed my account and gave the contents to my ex-partner. I felt the police should have been called and the account frozen until things were worked out in court.
What you are describing is a civil matter, not a criminal one. If you have issues you need to work out with your former business partner you will have to do that on your own time. The bank is not going to get involved. An affi is a legal document and the bank can take action based on the information sworn to on that doc alone without input from any other entity.

Your bank was in their right to act as they did.
 

tucker1970

Junior Member
O.K. I understand that if some one signs an affidavit saying you obtained your lifesavings by way of forgery, the bank can without hesitation give them what they claim is thiers. Now once this affidavit has been reviewed by the D.A's office and found to be false. Who is at fault? I think the bank would be liable for something.
 

Veronica1228

Senior Member
tucker1970 said:
O.K. I understand that if some one signs an affidavit saying you obtained your lifesavings by way of forgery, the bank can without hesitation give them what they claim is thiers. Now once this affidavit has been reviewed by the D.A's office and found to be false. Who is at fault? I think the bank would be liable for something.
No. The bank cannot be held responsible if someone else commits perjury which is basically what the person who signed an affi with false information is doing.

You have no case against the bank.
 

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