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How to Freeze a Bank Account Post Judgment
- 1). Get copies of the court order from the court awarding you the judgment. The court may also prepare a legal order specifically to use in freezing the defendant's bank account. Secure of copy of this legal document as well, if deemed necessary by the court.
- 2). Send a copy of the court order to the debtor's banking institution, showing the awarded judgment, to include the right to freeze the debtor's bank account. In addition, remit a copy of the legal order specifically giving you the legal right to freeze the bank's account. Usually the court will call the bank beforehand, to begin the process.
- 3). Request confirmation from the bank confirming the bank placed the account freeze on the debtor's account. The bank will freeze the account and hold all assets in the account, until further direction from the court. The debtor will not be able to access any funds in the account until he or she works out an arrangement with either you or your attorney.
- 4). Attend the formal hearing that may follow for the debtor to protest the seizure of the bank account. Varying by state, the debtor has the right to protest the freezing of the account and explain why you should not seize the funds in the account. After this hearing, if the court rules in your favor or if the debtor fails to respond in a timely manner as specified by the court, the bank will remit all lawful funds as directed by the court.
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