Child Services Levy our Checking account after filig 3 months ago --warning long

[tammygirl1]

I am so stressed right now. We have paid court ordered childsupport since it was reinstituded. We paid Oct 1 (with receipt) and even have bank statement to prove Oct payment. Because their auditing is all done by computer and that our Oct payment was posted to September even though receipts says 10/1. Fast forward..I get an alert from Chase indicating my funds were down to ...yep zilch,nada,none ! I call the bank who only tells me the legal levy acct number (which is Child Sup number). Chase says they need a letter from Services of the error. I was told that the computer randomly picks 4500 accounts to freeze/levy a day if someone is out of compliance and in arrearage. They felt I was out of compliance since in thier computer ways I didnt pay in October! Ugh... I was furious! Thank god we have a few hundred emergency funds. We are current on all our support with exception to the arrearages which are being worked into the plan to be paid 100%j through the plan. Can the agency put a hold on our money since we filed BK? Isnt there an automatic stay for even Child Services? To freeze an account would they not request a releif from stay? They haven't even submitted a POC yet. They took over 1000 which was for mtg ...just dont know what to do. Lawyer faxing our paperwork tomorrow hopefully it will all work out. My daughter says it has to get worse before it gets better...I hope we are on the better side soon. If you made it through all this thanks for listening...don't have anyone really to talk to about this mess.
have a good evening
Thanks for any insight

[WhatMoney]

How could an October 1 payment be posted to September? Never heard of that, unless you paid on Sept. 30 thinking it would be posted Oct. 1st. Sounds like an easily corrected error in any case - I wouldn't stress too much over this. What is the deadline for an October payment? Maybe paying on the 2nd of the month in the future would avoid whatever glitch caused this error.

[olivies]

I'm no expert, but who is "we" on the checking account? I ask because I thought creditors couldn't levy or garnish accounts that had an uninvolved third party listed on the account (like a new spouse, adult child, significant other, etc.).

[tobee43]

I am so stressed right now. We have paid court ordered childsupport since it was reinstituded. We paid Oct 1 (with receipt) and even have bank statement to prove Oct payment. Because their auditing is all done by computer and that our Oct payment was posted to September even though receipts says 10/1. Fast forward..I get an alert from Chase indicating my funds were down to ...yep zilch,nada,none ! I call the bank who only tells me the legal levy acct number (which is Child Sup number). Chase says they need a letter from Services of the error. I was told that the computer randomly picks 4500 accounts to freeze/levy a day if someone is out of compliance and in arrearage. They felt I was out of compliance since in thier computer ways I didnt pay in October! Ugh... I was furious! Thank god we have a few hundred emergency funds. We are current on all our support with exception to the arrearages which are being worked into the plan to be paid 100%j through the plan. Can the agency put a hold on our money since we filed BK? Isnt there an automatic stay for even Child Services? To freeze an account would they not request a releif from stay? They haven't even submitted a POC yet. They took over 1000 which was for mtg ...just dont know what to do. Lawyer faxing our paperwork tomorrow hopefully it will all work out. My daughter says it has to get worse before it gets better...I hope we are on the better side soon. If you made it through all this thanks for listening...don't have anyone really to talk to about this mess.
have a good evening
Thanks for any insight

tammy....i'm so sorry for your plight..it's so terrible.

you may want to list this in http://www.bkforum.com/forumdisplay....ody-Visitation


maybe something that's been through this situation may be able to give you better direction!

best of luck!

[tammygirl1]

How could an October 1 payment be posted to September? Never heard of that, unless you paid on Sept. 30 thinking it would be posted Oct. 1st. Sounds like an easily corrected error in any case - I wouldn't stress too much over this. What is the deadline for an October payment? Maybe paying on the 2nd of the month in the future would avoid whatever glitch caused this error.

WhatMoney, you are correct in that I did make the payment from their web site that clearly says any paymnet made after 3pm PST will be posted the next day. I did actually make the payment Sept 30th. My confirmation for payment says date has automatically been changed to 10/1/2010. The payment posted on my bankstatement on October 4th. I thought it had to be made on the 1st but have now found out that anytime during the month is sufficient. I have learned that leason... I, too hope this can be rectified but as of the last call the lady said 'sorry' this is all automated and acted like there was nothing anyone could do about it. My lawyer is supposed to fax the BK paperwork to them today so maybe it will get cleared up soom.

[tammygirl1]

I'm no expert, but who is "we" on the checking account? I ask because I thought creditors couldn't levy or garnish accounts that had an uninvolved third party listed on the account (like a new spouse, adult child, significant other, etc.).

This is my husband and my joint checking account...not sure if Child Services are in the same ranks as creditors though. But from what I read, while in BK they can't ask for arrearages that aren't court ordered since they are planned to be paid back within the plan. If they had done this just 3 days earlier (before my mortgage was pulled) they would have got over 4k...

[tammygirl1]

tammy....i'm so sorry for your plight..it's so terrible.

you may want to list this in http://www.bkforum.com/forumdisplay....ody-Visitation


maybe something that's been through this situation may be able to give you better direction!

best of luck!

Thanks for the well wishes. I will check out that link.

[tobee43]

Thanks for the well wishes. I will check out that link.

tammy...it's a NEW part of the forum...and i'm sure people will start going there just for these kinds of questions..

once again...best of luck to you!!!

[rodzilla94]

I am so stressed right now. We have paid court ordered childsupport since it was reinstituded. We paid Oct 1 (with receipt) and even have bank statement to prove Oct payment. Because their auditing is all done by computer and that our Oct payment was posted to September even though receipts says 10/1. Fast forward..I get an alert from Chase indicating my funds were down to ...yep zilch,nada,none ! I call the bank who only tells me the legal levy acct number (which is Child Sup number). Chase says they need a letter from Services of the error. I was told that the computer randomly picks 4500 accounts to freeze/levy a day if someone is out of compliance and in arrearage. They felt I was out of compliance since in thier computer ways I didnt pay in October! Ugh... I was furious! Thank god we have a few hundred emergency funds. We are current on all our support with exception to the arrearages which are being worked into the plan to be paid 100%j through the plan. Can the agency put a hold on our money since we filed BK? Isnt there an automatic stay for even Child Services? To freeze an account would they not request a releif from stay? They haven't even submitted a POC yet. They took over 1000 which was for mtg ...just dont know what to do. Lawyer faxing our paperwork tomorrow hopefully it will all work out. My daughter says it has to get worse before it gets better...I hope we are on the better side soon. If you made it through all this thanks for listening...don't have anyone really to talk to about this mess.
have a good evening
Thanks for any insight

me and my wife had the exact same problem last month. child support froze our account and was going to take all of our money.......we called child support people and all we got was smarta$$ people..now we filed and was confermed a month before (back child support 100% payback) called my lawyer and they had it cleard it up in 2 hours so call them.

[tammygirl1]

Wow. Wish I could say thats what happened with me but we are still in limbo. I emailed my lawyer today to get update but he has not replied as of yet. The guy who researches and determines hardships at Child Services says if we send 3 months of bank statements and proof of trustee payments they would look into lifting it. But I feel I should not have to provide all this....my lawyer's fax of our BK documents (allbeit to a different dept) should be enough..ugh. It is VERY difficult to be without a checking account to cash payroll checks and pay bills coming up..not to mention my $1000 just sitting there. Humph. I am calling my lawyer tomorrow to see whats going on since email is working which is very unusual since they have always returned emails withing hours..

[tammygirl1]

So we got good news today! Child Services called and told us that they got the BK paperwork and agreed to lift the levy. They sent our bank the official letter releasing the funds. Chase says it will take 10 days to lift it because of their process. I am just glad this is all cleared up. YEAH!!!

[free2breathe]

Good news! Glad it worked out for you

[drowninginca]

I'm no expert, but who is "we" on the checking account? I ask because I thought creditors couldn't levy or garnish accounts that had an uninvolved third party listed on the account (like a new spouse, adult child, significant other, etc.).

Is this true?

[tobee43]

So we got good news today! Child Services called and told us that they got the BK paperwork and agreed to lift the levy. They sent our bank the official letter releasing the funds. Chase says it will take 10 days to lift it because of their process. I am just glad this is all cleared up. YEAH!!!

GREAT NEWS tammy!!!!!!! so glad it worked out!

[LadyInTheRed]

Is this true?

I don't think so. At least not in most cases. Generally, if you are on a joint account and have access to 100% of the funds, your creditors can levy. If this is an issue for you, check with an attorney as there could be exceptions based on you specific facts.