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Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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Hello. I was informed this afternoon that a "legal" hold was

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Hello. I was informed this afternoon that a "legal" hold was placed on my bank accounts. The holds were placed by a lawyer on Long Island. I was informed to call the lawyer to get more information. I attempted to contact the lawyer but they are out of the office. I know for a fact they have frozen the wrong accounts as I have nothing negative on my credit report, I am not from NY and I have never been served any papers. My father however has the same name as me and is from Long Island. He does remember getting something from a lawyer but did not remember what that. My questions are the following.
1) can a lawyer put a legal hold on a bank account without serving a judgement?
2) When it is discovered on Monday that they froze the wrong account can I take legal action against the law firm for putting a hold on the wrong account? I am currently traveling and now have no access to cash with no resolution on sight until Monday.

Thanks in advance!
Hello Glenn and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

1) No, they would need to serve a summons for the law suit, as well as for the action enforcing the law suit through levying the bank accounts. The bank account hold/levy can be invalidated on their failure to serve proper notice.

2) Yes, if the law firm is considered to have acted negligently in obtaining a hold on the wrong back accounts, then you can sue the law firm for negligence based on the damages that you have suffered as a result of their negligent actions.

I hope the above information is helpful.

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Thanks and best of luck!

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