QUESTION

Is it legal for a bank not to give access to my safety deposit box when the restraining order was already lifted?

Asked on Nov 13th, 2012 on Bankruptcy - Utah
More details to this question:
I was served with restraining order on my bank accounts. Order was lifted because I was exempt (social security and pension income). They did not give me access to the safe deposit box. Why?
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2 ANSWERS

Family Attorney serving Henderson, NV at Harris, Yug & Ohlinger
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We have a lot of problems with banks either doing what they're supposed to or not doing what they're supposed to. In my experience, some banks 'freeze' a bank account after garnishment - which they're not supposed to do under Nevada Law and would result in some unhappy guy yelling at me on the phone. Sometimes, we would issue process and they'd refuse to turn it over (thinking California Law is my best guess), until I threaten sanctions by the court in Nevada. So why is really within the bank's internal processes. Usually you'd need to speak to a bank manager. And honestly, you may need to pay an attorney a little money to go yell at them. Don't be surprised if they won't listen to you. Attorneys have a hard enough time getting compliance with a court order and reading it aloud to the bank manager. Disclaimer: this is not all banks, and not all branches. Some are very courteous, prompt, and compliant.
Answered on Nov 16th, 2012 at 3:23 AM

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Family Law Attorney serving Provo, UT at Havens Law, LLC
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The lifting of the restraining order only applied to the social security funds and pension funds that were exempt. The safety deposit box is still under a restraining order because the contents are not exempt.
Answered on Nov 16th, 2012 at 3:06 AM

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