Does a bank have to follow legal orders by a court?

UPDATED: Oct 13, 2011

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Does a bank have to follow legal orders by a court?

My bank account was held by a creditor. I filed a motion to have the bank account released and the motion was granted. However, the bank has not released the account. It has been over two weeks and when I talked to the bank’s legal department, they told me that they had to talk with the plaintiff to see if they object. The motion was granted so I am not sure why they are consulting with the plaintiff. Can they do this?

Asked on October 13, 2011 under Bankruptcy Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the court issues a valid court order requiring the bank account that was levied upon that you own to be released, the bank is required to release the account to you within the time period specifically stated by the court order.

If the bank through its representatives does not obey the court order within the time frame specificed by the order, the court through a noticed motion (order to show cause re contempt) could find the bank and its representatives in contempt of an order and impose monetary santions against the bank or even jail time as to its representatives.

I would write the bank a letter setting a time period to obey the valid court order or be subject to a petition to find it in contempt.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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