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-   -   Frozen account (https://www.askmehelpdesk.com/showthread.php?t=192537)

  • Mar 8, 2008, 07:56 PM
    nickyboy109
    Frozen account
    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 seize 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 went to my sisters address not my home address, and me and her don't 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 I'm broke and have nothing,, and the bank is charging me overdraft fees,, I ust don't no what do do,, someone help,, I would be very grateful
  • Mar 8, 2008, 08:09 PM
    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?
  • Mar 8, 2008, 08:18 PM
    nickyboy109
    My sister received the judgement at her address last week,, the date they have on the notice is 10/15/2007and at the bottom is the date 2/25/2008 I can't figure this out
  • Mar 8, 2008, 08:19 PM
    nickyboy109
    Thej udgement was entered 10/15/2008
  • Mar 8, 2008, 08:34 PM
    ScottGem
    You got no notice they were suing you?

    When was the last acivity on this account? What state are you in?
  • Mar 8, 2008, 08:46 PM
    nickyboy109
    This was the only letter that was recievied.. I live in New Jersey
  • Mar 8, 2008, 10:07 PM
    ScottGem
    You can also try a motion to Vacate on the grounds of improper service.
  • Mar 9, 2008, 06:32 AM
    nickyboy109
    Quote:

    Originally Posted by ScottGem
    You can also try a motion to Vacate on the grounds of improper service.

    Thanks scott... should I stop direct deposit? And could I recoup what they took? As of now I can't pay my car insurance,, have no money for gas, to eat, and for rent,, its really depressing me,, thanks again
  • Mar 9, 2008, 07:11 AM
    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.
  • Mar 9, 2008, 07:15 AM
    nickyboy109
    Quote:

    Originally Posted by 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.

    I was ovedrawn 110dollars where is this money?
  • Mar 9, 2008, 08:12 AM
    ScottGem
    You were overdrawn because they received checks you wrote after the funds were frozen. Because they were frozen there weren't funds to pay them.

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