Bronxville, NY asked in Banking for New York

Q: can i sue my bank for locking my bank account without my approval or confirmation or notificationnthat they are locking

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1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Business Law Lawyer
  • Licensed in New York

A: What you need to do is demand the bank send you the proper notification and exemption claim forms pursuant to the Exempt Income Protection Act. You need a legal demand letter citing to the proper laws and regulations and demanding the documentation including the notice of restraint and execution levy. This is your starting point: you need to have all the information and documents in front of you, in order to formulate the proper response. Based on what the bank provides in response to your demand letter, it may be possible to get the funds released through the bank's internal appeal process in their legal department, or you may have to file a special proceeding pursuant to Article 52 of the Civil Practice Law & Rules. More than this, it is impossible to say without reviewing the particular facts in your file.

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