Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your situation.Does my bank have any kind of liability for their error.
Yes, it does. If it froze money that was yours, and this caused you injury, then they may be liable.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, they may be liable for negligence
. The basic elements necessary to maintain a claim for negligence are (1) duty; (2) breach of that duty; (3) that the breach of duty be the proximate cause of plaintiff's injury; and (4) that plaintiff did in fact suffer injury. Schmanski v. Church of St. Casimir of Wells, 243 Minn. 289, 292, 67 N.W.2d 644, 646 (1954).
Here, you could say that they had a duty NOT to freeze whatever assets were exempt, but did. Whether or not you wish to pursue this in court is up to you.
At the same time or in the alternative, you may file a complaint with the MN Department of Commerce here
, and have the state investigate and possibly fine/admonish them.
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