hi, new here.....need help. capital one froze my checking account with a court order.my ss disibility check is the only money in this account,,,,,,got a letter from the county court saying they would sieze my possessions and auction them off to settle this 12 yrold debt i only have a cheap laptop, and a guitar and amp lol..ill donate it to them.....anyway this letter whent to my sisters address not my home address, and me and her dont communicate often ,,,,,i had 490 bucks in my checking aqccount on friday..and yesterday took out 20 and i was a 109 bucks overdrawn i wanted to choke them bastards im broke and have nothing,,,,,and the bank is charging me overdraft fees,,,,i ust dont no what do do,,,,,,,,,someone help,,,,,i would be very grateful

ScottGem

First you inform your bank that the only funds deposited in that account are SS benenfits which are exempt from attachment. You will need to prove that but your deposit records should be enough.

Then you have to get a copy of the court order and go down to the court and file a motion to quash the attachment on the grounds that the funds are exempt.

Were you aware they had a judgement against you?

nickyboy109

my sister recieved the judgement at her adress last week,,,,the date they have on the notice is 10/15/2007and at the bottom is the date 2/25/2008 i cant figure this out

nickyboy109

thej udgement was entered 10/15/2008

ScottGem

You got no notice they were suing you?

When was the last acivity on this account? What state are you in?

nickyboy109

this was the only letter that was recievied..i live in new jersey

ScottGem

You can also try a motion to Vacate on the grounds of improper service.

nickyboy109

thanks scott......should i stop direct deposit? and could i recoup what they took? as of now i cant pay my car insurance,,,,have no money for gas, to eat, and for rent,,,,,its really depressing me,,,,thanks again

ScottGem

Not sure if they actually took anything. Generally they just freeze the balance pending verification.

Yyou need to appear in court Monday morning and explain that you have no funds because of this.

nickyboy109

i was ovedrawn 110dollars where is this money?