JD 1992 : Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
JD 1992 : There is not a seizure warrant in a civil case.
JD 1992 : There are what are known as "turnover orders" which is what a civil court would issue if you brought a lawsuit against them and asked the judge to order them to return teh money to you.
JD 1992 : There is a search warrant which includes language to seize monies but that is in a criminal case.
JD 1992 : That would have to be requested by the police and/or the DA.
JACUSTOMER-46zok9v7- : The TD Bank says they have the money but need a Seizure Warrant. Now what?
JD 1992 : If the police won't request an order from the judge to seize the money then you will have to hire a civil lawyer and file a lawsuit to get it.
JACUSTOMER-46zok9v7- : Would that not be the responsibility of BofA since they are the ones who wire transferred the money?
JD 1992 : You could make that argument but if they were following your instructions and had already completed the transfer then they would be able to place the burden on you. You may have to include them in the suit as well.
JACUSTOMER-46zok9v7- : To hire an attorney would cost more $$$$ and I had to borrow the money from BofA for this transaction with TRICORP, could I represent myself? If I do sue then it sounds as if the suit would go higher in the amount than the $2,333.16.
JD 1992 : You can represent yourself but it will be very difficult and you will have to draft everything from scratch. There aren't going to be any forms available since it is such an unusual case. If you sue BofA then you can sue for attorney's fees as well.\, but you would still have to pay them up front.
JACUSTOMER-46zok9v7- : So, it other words TD BANK keeps my money and BofA just sits back and does nothing to protect a customers interests?
JD 1992 : That sounds like what is happening. I'm not saying it is right, but nothing you have told me so far indicates that BofA has a duty to file anything.
JACUSTOMER-46zok9v7- : Is there a way I might have a copy of this transcript?
JD 1992 : Yes. Once you issue your rating, hopefully positive, then this format will change to a Q and A. When it does that you can then use your browser's print function to print a copy of the entire thread.
JACUSTOMER-46zok9v7- : How can this be happening? Someone must be responsible and I believe it is TD Bank should have the responsibility to return the money since they say they have it. What would you do?
JD 1992 : TD Bank would be responsible and that is who you should sue. I would exhaust all remedies with the police and then file a lawsuit.
JACUSTOMER-46zok9v7- : What kind of lawyer would take such a case? How about Small Claims Court?
JACUSTOMER-46zok9v7- : Hello, are you still there?
JD 1992 : I'm here
JD 1992 : You could file in small claims court but, again, it is going to be very complicated to draft the pleadings. You would want a lawyer who does civil litigation or civil trial law.
JACUSTOMER-46zok9v7- : Do you know of anyone in Atlanta, Georgia?
JD 1992 : I don't but we're not allwoed to give specific referrals anyway. You can go to www.lawyers.com and search by area of practice and location.
JD 1992 : You should at least talk to a lawyer and get a price.
JACUSTOMER-46zok9v7- : Do you think I have a chance at winning? Where would I fin the form for the pleadings?
JD 1992 : I think you have an excellent chance of winning. As I said earlier, you are going to have to draft the pleadings from scratch, I don't know of a form for this kind of case.
JACUSTOMER-46zok9v7- : Would there be a legal book I should look into for pleadings?
JD 1992 : Not for this. You are going to have to do some legal research, there is a book on that at http://lessonsinlaw.com/the-guerrilla-guides-to-the-law/
JD 1992 : Then draft your pleadings base don the law
JD 1992 : You may be able to hire a contract lawyer or a contract paralegal at a place like odesk.com or elance.com to draft the pleadings for you.
JACUSTOMER-46zok9v7- : Okay, thank you....what do I do to sign off? It says at the bottom of page "save & exit" I don't want to lose the transcript.
JACUSTOMER-46zok9v7- : HELLO....ARE YOU STILL THERE?
JD 1992 : I'm here. It sometimes take a few minutes for me to see your post
JD 1992 : There should be a place to rate the question. I think it is a green button. Do you see that?
JACUSTOMER-46zok9v7- : There are little faces below!
JD 1992 : OKay. Those faces are apparently how you rate a question. I'd ask that you issue a smiley face rating, if there is one that says excellent of course I'd suggest that one.
JD 1992 : Once you issue your rating the format will change and you can then print the question off.
JD 1992 : You can also come back to it later of you think of something else.
JD 1992 : Once you issue your positive rating it locks the question open and you can come back to it weeks or even months later.
JACUSTOMER-46zok9v7- : You're great, of course, a very smiley face to you!
JD 1992 : Thanks much and I wish you the best! If you need me in the future on a different question just start it with FOR JD 1992 and I'l pick it up when I see it. I am online for at least a few minutes almost every day.
JACUSTOMER-46zok9v7- : Okay, Thank you! :)
JD 1992 : You're very welcome. I'll exit now so I can assist others.