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nickyboy109 · Mar 8, 2008, 07:56 PM

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

ScottGem · Mar 8, 2008, 08:09 PM

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 · Mar 8, 2008, 08:18 PM

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

nickyboy109 · Mar 8, 2008, 08:19 PM

Thej udgement was entered 10/15/2008

ScottGem · Mar 8, 2008, 08:34 PM

You got no notice they were suing you?

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

nickyboy109 · Mar 8, 2008, 08:46 PM

This was the only letter that was recievied.. I live in New Jersey

ScottGem · Mar 8, 2008, 10:07 PM

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

nickyboy109 · Mar 9, 2008, 06:32 AM

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

ScottGem · Mar 9, 2008, 07:11 AM

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 · Mar 9, 2008, 07:15 AM

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?

ScottGem · Mar 9, 2008, 08:12 AM

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.