[dangiannini]

My brother and I had a joint account. I was the only one to use the account. After 4 years, the account was frozen by a judgment creditor of my brothers. I was never notified about the garnishment. My brother sent documentation to the bank and the creditor proving the money in the account was mine but they paid all the money to the creditor anyway. Can you quote me the New York State law that says (1) the bank should have notified me, (2) that the bank should have only paid half the money, if any at all, (3) that the bank should have asked for a hearing to determine whose money it was. Also do I have a claim against the bank for conversion, negligence or punitive damages for not informing me about the garnishment prior to the money being released? Besides the specific NY banking law, didn’t the bank owe me a fiduciary obligation – contractual or implied?

[JudyKayTee]

No one can/will post such a law because there is NO such law. A joint account belongs 100% to your brother and 100% to you.

The bank did not need to notify you - by law.

I would be less angry with the bank and more angry with your brother. If he did not intend to pay any joint accounts should have been closed.

[twinkiedooter]

JKT is right. The problem with joint accounts that most people don't understand is the fact that the money in the account belongs to either you OR you brother meaning that at any time you could drain the account down to zero or your brother could and you could do nothing about it. The bank was only following the legal procedure in freezing the account.

And as for suing the bank for conversion, etc. you do not have a case that will hold up in Court as the bank was not doing anything illegal.

The bank could not pay only half of the account's funds by law. And the bank did not need to notify you by law.

You need to sue your brother for the missing money.