Legal Question in Criminal Law in Massachusetts

frozen assets

can a bank, local, state, or federal agency freeze ones assets (bank accounts, property, etc) prior to arresting that person and if so can they also attach or extend any claims to the wife and/or kids assets


Asked on 5/18/07, 4:02 pm

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: frozen assets

A bank can only freeze assets held there if ordered to do so by a court or there is some kind of tax or other lien justifying the attachment. If assets have been frozen, presumably a person or company hired a lawyer to seek and obtain a prejudgment "attachment"

If the court allows the attachment as a form of prejudgment security, the bank freezes the assets and holds them from the owner pending resolution by the court of the dispute to satisfy a judgment in favor of the party who got the attachment.

If your funds have been attached (or are about to be), you are in a tight spot. In order to attach, the court needs to be convinced you will most likely lose the dispute. In other words, you may never get access to the frozen funds again.

If there has not yet been a hearing (and usually they are within a couple of days from the filing of the motion for attachment), you need to hire an attorney to do everything possible to avoid the attachment.

Since attachments are very difficult to get, an attorney would greatly increase your chances of defeating the attachment. Contact me if you need help. This is serious business.

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Answered on 5/18/07, 6:05 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: frozen assets

I am not sure this is a criminal law question.

Banks can act to protect their funds, pursuant to their policy and your agreement with them.

Others can use the court system to tie up your and your family's money.

As applied to your situation, you would have to provide more information.

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Answered on 5/19/07, 1:02 am


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