Clearwater, FL asked in Banking for Florida

Q: How do I put a lien on someones bank account?

Related Topics:
1 Lawyer Answer
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
  • Business Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: The simple answer is that to put a "lien" on someone's bank account you must have a control agreement between you, the account holder and the bank. This usually serves a security for a loan so there would be additional documents such as a note and an assignment of the account. The control agreement between the parties usually provides that the creditor (you), must only submit a letter to the bank with certain language (usually a sample is attached to the control agreement) in order to obtain access to the account and/or the funds. The control agreement may have multiple levels of complexity, and a certification of a default to the bank is not usually required. You would also file a UCC-1 listing the bank account to provide notice to third parties.

If you have a judgment debt, you can execute by asking the court for the issuance of a Writ of Garnishment against the funds in the account.

My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information without first consulting with your own lawyer and discussing your specific facts and available options in detail.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.