Can I sue my bank for levying a checking account that deposits are from disability and child support?
these accounts only recieve funds from child support and disability pyts. one checking account was a payee account for an adult disabled son.there was no overdraft protection linking the payee checking with the account recieving child support,yet the bank did so therefore freezing this account also.the only common thread is my name is on both.the bank never checked or knew what type of deposits and proceeded to go gung ho and freeze these accounts I WANT TO SUE THEM!As they acted in collusion with this debt collector can I legally do so?
I CAN NEVER WORK AGAIN I AM BATTLING 2 LIFE THREATNENING ILLNESSES CANCER BEING ONE,I WAS NEVER SERVED LEGAL PAPERS BY A THIRD PARTY, WITH PROOF OF LEGAL SERVICE NOR DID I EVER GO TO COURT, THE ONLY PARTIES ALLOWED TO LEGALLY GARNISH INCOME FROM GOVERNMENT ENTITIES IS THE GOVERNMENT E.G. THE IRS,STUDENT LOANS AND COURT ORDERED CHILD SUPPORT NOW CAN I SUE THE BANK AS I AM SURE THEIR ATTORNEYS ARE AWARE OF THIS THE ACCOUNTS WERE NEVER LINKED FOR OVERDRAFT PROTECTION AND THE BANK RECIEVES AN ADMISTRATIVE FEE FOR THEIR PARTICIPATION IN THESE INSTANCES SO PREHAPS THIS IS THEIR INCENTIVE IN LIGHT OF ALL THE RECENT DUBIOUS ACTIVTITIES OF THE BANKING INDUSTRY IN GENERAL CAN I SUE!
Tags: account, Bank, Checking, Child, deposits, Disability, from, levying, Support
Comments (6)
Nope the bank does not look at where your deposits come from (do you really want them to?) But they have a strict set of rules pertaining to all accounts which you must follow in the fine print that you signed when you opened the account. You can’t sue because you did agree to the terms when you signed.
The debt collector on their own cannot order a bank to freeze your account.
If this is due to a debt collector, he went to court, and you lost and they got a court order that allowed them to submit legal paperwork. When you started these accounts up, you should of had two seperate accounts not linked, one yours, the other yours and the disabled adult child. Its a big suprise when we get finally hit by a bill collector, so maybe seperate the accounts and start over fresh once its all straightend out, and keep a check on old debts. Watch for summons and complaints in the mail in the future too from other creditors. No you cant sue because someone took money they were owed legally, the fact is they sued you and won, you have no recourse. Banks just like employers are bound by laws to start up garnishments , or bank account seizures, etc to fulfill a court order.
I am speaking the USA, not sure what country your from, so I hope this is kinda the same thing in your country of origin.
It isn’t the banks fault that there was a garnishment put on your accounts. If they got a court order for a freeze on your account,they had to comply.
Creditors have been doing this to those who owe them money. They go to court and get a judgment against you without your knowledge. I know several people this has happened too. All of a sudden your bank account is frozen. It is fraud,but they get away with it by stating they attempted to serve you but were unable to.
Creditors cannot garnish SS income,I’m not sure about child support. What you need to do is notify the creditor that the account they have frozen is funds from SS. They must unfreeze it as long as that is the ONLY money that is in the account.
Of course you can sue. Can you win? Almost certainly not.
In lieu of casting about for opinions online, however, please consult your attorney to find out what your options are. Without an attorney in matters this complex, you are certain to lose.
No, you do not file a lawsuit. You file a Claim of Exemption. The bank had nothing to do with it exept to honor the garnishment. It is up to you to file a Claim of Exemption due to the fact that the monies in the accounts were exempt from execution thereon.
Your name is on the accounts, so the bank can freeze them. It doesn’t matter where the money comes from. If you wanted to protect the money, your name should not have been on the accounts. You can sue the bank, but you will lose, and be out the money plus your lawyers fees.