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    herron32's Avatar
    herron32 Posts: 4, Reputation: 1
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    #1

    Jul 6, 2011, 03:36 PM
    Is it legal for law enforment to freeze my account if my husband is arrested
    My husband was arreted and law enforcement has frozen my account that does not have his name on it and have instructed bank not to give me any information is this legal? And if so who do I contact to fight this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 6, 2011, 04:01 PM

    Depends on what he was arrested for. Also did the prosecutor get get a court order to freeze the funds?
    herron32's Avatar
    herron32 Posts: 4, Reputation: 1
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    #3

    Jul 6, 2011, 04:17 PM
    Comment on ScottGem's post
    Dealing in cocain and I don't know if they did no one will give me info on it and I work everyday the account has my direct deposit and it was only 1600 in the account
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 6, 2011, 04:26 PM

    When posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

    The bank has to at least tell you they received a court order to freeze your funds. They cannot freeze them without a court order. They may not show it to you at the court's direction, though I'm not sure about that.

    They probably think he is hiding drug money in your account. I doubt if you will get your money freed anytime soon, so you need to stop the direct deposit. Does your husband have an attorney? You may consult with him about freeing your funds or it may be better to get your own attorney.
    herron32's Avatar
    herron32 Posts: 4, Reputation: 1
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    #5

    Jul 6, 2011, 04:34 PM
    Comment on ScottGem's post
    So if he is found guilty they get to take my money? Not to memtion this may take a year or two
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 6, 2011, 04:46 PM

    Again, please do not use comments for followups.

    No it doesn't they get to take your money. They have to prove he was funneling money through your account. So you need to assemble proof of where the funds came from.

    But yes it could take a couple of years to straighten out.
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    herron32 Posts: 4, Reputation: 1
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    #7

    Jul 6, 2011, 04:50 PM
    Comment on ScottGem's post
    Okay, thank you so much I'm going to call bank to see if they can at least tell me if it was an court order I am also trying to get funds to get a lawyer.. and do I need to get info for each deposite and over what time frame
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 6, 2011, 04:57 PM

    I'm trying to help you, why can't you follow instructions to make that easier. I have asked you twice NOT to use the Comments feature to post followups. Scroll down and use the Answer options. That's what they are for.

    I would say you need to document your account activity for at least 6 months.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Jul 7, 2011, 06:43 AM
    Quote Originally Posted by herron32 View Post
    so if he is found guilty they get to take my money?
    Hello herron:

    No. His guilt has NOTHING to do with whether they seize (steal) the money. In fact, the process of seizing (stealing) your money is a civil procedure totally separate from his criminal case. Nonetheless, it SHOULD fall under the purview of your husbands criminal attorney. If he refuses to help because you're not his client and/or it not his clients name on the account, you're going to need your own attorney..

    Or just let the money go, and have your direct deposit RE-directed.

    excon

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