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    shaway1's Avatar
    shaway1 Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 8, 2007, 06:17 AM
    Lien on bank account
    I opened a new account at a bank two weeks ago. I was contacted by the fraud department and was informed that the bank had accidentally sent my bank statement to another customer. I was told that the bank was putting a hold on my account, so there would be no further activity. I was told to close that account and open a new one. When I went to the bank to do so I was told that there was also a lien on the account.

    I do not owe anyone and do not understand how this could happen. Also, I have not be contacted by any creditor saying that I owed them money.

    So, I have two questions that I would appreciate your help with:
    1. What liability does the bank have for sending my bank statement to someone other than me?

    2. I would like to know if a lien can be put on my bank account without me having any prior notification?

    I live in NYC. Please tell me what my options are.

    Thank you,

    Shaway1
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Sep 8, 2007, 06:50 AM
    Hello S:

    The bank has liability. But you didn't lose anything because of their mistake, so there's nothing to recover even if you did make a complaint.

    A lien only could be placed on your account if a judgment had been ordered against you. You should have received notice of the suit. If you didn't, find out which court granted the judgment. It's on the lien and the bank will let you see it. You can read the file at the courthouse and see how the plaintiff said they served you. If that wasn't so, file a motion for inadequate service.

    excon
    slowandeasy's Avatar
    slowandeasy Posts: 353, Reputation: 14
    Full Member
     
    #3

    Sep 8, 2007, 01:33 PM
    Hello Shaway1

    I agree with excon. The bank has liability. My account was attached by mistake a while back and there is nothing more upsetting than to know you do not owe anybody a thing and don't and never had a credit card and then a mistake happens But if it is a banking error they will straighten it out.
    Tell the bank to let you see a copy of the court order and go from there.

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