> If you know a little bit about legal procedure dealing with something like this shouldn't be too hard.
Well, responses on here vary from "sue the bank, it's their fault," to "contact/sue the LASD, it's their fault" to "contact the plaintiff's lawyers, they'll fix it" to "contact the defendant's lawyers, they'll pay for it or else."
So clearly, this is likely to cost more than a couple afternoons.
One day, a sheriff showed up at my home and confiscated my guns. Turns out some lunatic that I don't even know had filed a domestic abuse restraining order against me and the state I was in grants a temporary order by default. Took 2 months to resolve this and cost me about $6k in legal fees. Took several months to get my guns back.
While that's not the same as "you're not actually the guy named in the lawsuit", it illustrates how disruptive this kind of thing can be.
Absolutely. And he's lucky it was just $4k. What of it was $100k and included money you needed to live and pay the mortgage with? This type of negligence by the bank is downright scary.
It's not clear to me that it's the bank's fault. The court must've done some kind of discovery to send the bank a garnish order. So was the bank lazy and just took money from a similar named account without checking the details?
Or did the court identify the wrong defendant and issue a garnish order for the wrong person?
If the details of the story are true, there is no way for the bank to be completely innocent here and it doesn't matter whether the police or court messed up. Upon receiving a legal order for some customer, the bank should at least make sure the name, SSN, and mailing address match before zeroing out the account.
I wouldn't be surprised if they are specifically barred from doing this to avoid having defendants liquidate their assets right before the confiscate order comes through.
Which is no different than just taking the money. You can't get a loan against a frozen account, you can't use a frozen account to buy groceries or pay your mortgage, and you can't get an extension on your credit cards because your account is frozen.
Swap out "took my money" with "froze my account" in the article and 90% of the comments here would be identical.
One is an administrative hold that can be lifted by the bank. The other is an inter-bank transfer process that maybe has to go through the courts. The reason the person in this article has had such a hard time is that he has to convince more than just his bank that they screwed up because they don't have his money any more.
You're right actually. The post doesn't mention whether it was the bank or the sheriffs office that goofed on the name. He also mentions something about his credit union being more competent. That suggests it may have been the sheriff's office that mixed up the names if two separate banks had garnish orders.
It seems clear that its not a mistake of one party or the other, clearly its a mistake on both parts. The Sheriff should have checked better and the bank should have double checked.
I'm sorry that happened to you. You shouldn't lose our 2nd amendment rights based on unsubstantiated claims that you can't defend against. Very unfair and not right.
Unfortunately, this is the law in California. But it should be changed, because it's unconstitutional and it's not right.
MD here. Is your father-in-law suggesting that several doctors he works with aren't legitimate physicians?
It seems a bit hard to believe. I've had to apply for medical licenses in 3 states, and it was a colossal pain the ass for each. Took 4 months the first time; and I have a completely clean record. Getting hospital privileges takes forever, too.
If fact, I think it should be easier, especially for those of us who did medical school, residency, and exams in the US.
Best doctor that I know failed 2 of his USMLE exams.
Well, responses on here vary from "sue the bank, it's their fault," to "contact/sue the LASD, it's their fault" to "contact the plaintiff's lawyers, they'll fix it" to "contact the defendant's lawyers, they'll pay for it or else."
So clearly, this is likely to cost more than a couple afternoons.
One day, a sheriff showed up at my home and confiscated my guns. Turns out some lunatic that I don't even know had filed a domestic abuse restraining order against me and the state I was in grants a temporary order by default. Took 2 months to resolve this and cost me about $6k in legal fees. Took several months to get my guns back.
While that's not the same as "you're not actually the guy named in the lawsuit", it illustrates how disruptive this kind of thing can be.