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For Nearly Three Years A Palm Beach County Woman Had Her Account Frozen

bank account

A Palm Beach County woman had her bank account frozen for nearly three years. This is until a Broward County circuit judge ordered Bank of America to unfreeze it and BB&T to refrain from the pursuit of collecting funds from her account. Amy Kodsi’s Bank of America account had $720,000 when it was frozen by creditors who filed a court judgment. This was due to her husband, who racked up $4 million worth of debt during the market crash.

Serving Garnishment Writs

The property was sold in 2011 to appease the creditors, PNC and BB&T, which then should have been followed up by going to court and acknowledging the lack of funds. However, the banks did not do this. They instead served Bank of America with garnishment writs causing Ms. Kodsi’s account to become frozen. Both banks then proceeded to file lawsuits for the same account in 2 different counties.

A Broward judge concluded that BB&T was unsuccessful in providing evidence that contradicted the documents Amy Kodsi provided. Her documents stated that this bank account was solely her own. The St. Lucie judge also ruled in favor of Ms. Kodsi stating that PNC improperly issued the writ and the deficiency was never established. Said judge also communicate to Bank of America that the account didn’t need to be held any longer.

Bank of America defied the ruling claiming they were being overly cautious. PNC’s attorney disputed the ruling of the improper use of the writ stating the judge didn’t conduct an evidentiary hearing but never filed an appeal. BB&T appealed the ruling to lift the stay on the garnishment writs. But, the Fourth District Court of Appeal overturned it later. After running out of options, Bank of America had no other choice but the remove the stay on Ms. Kodsi’s account, nearly three years later.

If you have questions about Foreclosure, Loan Modification, Bankruptcy, Short Sale, or other alternatives, please feel free to call my office at 888-886-0020, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.

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