freezing a bank account?

Question

someone very close to me had overdrawn my bank account at one bank i really cannot pay that back right now but i need to know can i open another bank account somewhere else? theres no way the old bank can freeze my new account at the current bank right? only intelligent people please respond!!!

i know some people have there own opinions and the answers i got so far are great! but if any body has a link where they back up what they say that'd be awesome thanks guys your great!

Answer 1

No one bank cannot freeze funds at another NON AFFILIATED bank. If you have an account at an affiliated bank they can however freeze funds. Another thing to be aware of is your bank you are overdrawn at will report you to Chexsystems...this will stay on Chexsystems for 5 years even if you have paid it off (if you pay it off it will show as such). This will make it incredibly difficult to get another account at a different bank (should you decide you need to leave the one you are at for reasons such as fees or that account is overdrawn).

Answer 2

Sorry SCH I had to give you a thumbs down and I hate doing it. Even with an affiliated bank you need a court order. I would be putting you back in training if you worked for me. But you were mostly right about chexsystems, but its actually 5-7 years depending on what it was for. If the matter wasnt resolved in those 5-7 years the bank can refile. Keeping it on there forever (they usually dont).

Im not an attorney, but I am a former bank manager.

You need to open your new accout as quickly as possible. The old bank might put you on a system like ChexSytems. That could stop you from getting a new account. Once you have an account banks dont start checking again.

The only way another bank can freeze your account is with a Garnishment. This means lets say you owe your old bank 500 dollars. They sue you in a court of law and win a Judgement. With that Judgement they can ask the court to put a Garnishment against your other bank accounts. This will not freeze your bank account just take out any money you had in that account, until the Judgement as paid off.

We personally never sued anybody unless it was well over 5,000 dollars. We just reported it to check systems and wrote up a loss for the bank.

I dont have a link for you but I know for a fact nobody can freeze your account, they can only garnish it. By doing that they will need a Judgement and a court order.

You will go to court many many many times before this happens.

Answer 3

The first answer is the best so far. If you are overdrawn at one bank, there is a good chance you will overdraw at the next.

You said someone close to you overdrew your account. If ANYONE made an unauthorized withdraw from you account, you should file an affidavit of fraud. Unless the bank can show you authorized the withdraw, they must replace the funds and attempt to recover from the person that made the withdraw. You do have to name the person if you know who they are.

Answer 4

I don't think there should be a problem opening another account.Banks just want money put into accounts. You will have a new password, etc.

I guess you are asking if the old bank can get your assets to pay what you owe them. They will take you to court, and you will have to go to court and tell them that you will pay them back and how you will do that. I don't think they are going to be able to grab your new bank account. But be sure you pay them back, as you don't want to jeopardize your credit score any more than it already is. And don't ever share a bank account again!!! Let him or her get their own! Good luck!

Answer 5

as long as you owe the other bank for overdrafts and checks. you can not open another checking account with another bank nor this one. you need to file charges against the close one for stealing your money.