Money Removed from my Bank Account

[howdidithappen]

I checked my checking account balance today and it was $0. Spoke with the bank and was advised my state's "execution department" took it. I received a Complaint a while back and answered it but heard nothing back. Why wasn't I notified of any of this? Some of the money in the account is Child support - I was previously told that a creditor could not take Child Support. Why were they allowed to take the entire balance?
Silly question - but how did they get my bank account information?

[qwertysue]

Do you have any loans outstanding with this bank? If so, they could have pulled it for cross-collateralzation.

[howdidithappen]

Don't they have to notify me? Someone - anyone? I have no loans outstanding with the bank that has my checking account. Could you explain "cross-collateralzation"? Thanks!

[jennordhavn]

I checked my checking account balance today and it was $0. Spoke with the bank and was advised my state's "execution department" took it. I received a Complaint a while back and answered it but heard nothing back. Why wasn't I notified of any of this? Some of the money in the account is Child support - I was previously told that a creditor could not take Child Support. Why were they allowed to take the entire balance?
Silly question - but how did they get my bank account information?

If you answered the complaint you should have received a copy of the judgment. But once you receive the judgment, no further notification is required before they levy your bank account.

What state are you in? In CA child support is exempt, but you will need to file a "claim of exemption" and will have to show proof of the amount (copies of checks, direct deposits, etc.). In addition, 75% of earned income within the last 30 days is exempt, but again you must show proof. Once the money is in your account, it is up to you to prove what is exempt or not. You need to act quickly. If you are not in CA, you should do some research and find out what is exempt in your state.

As far as cross-collaterization, that only applies if you have 2 or more loans/accounts with the same bank or credit union.

Good luck.

[howdidithappen]

Thanks - I did NOT receive any judgment. Will they just continue to take money from the account - I deposited a check for $350 this afternoon(was that a dumb thing to do???) - that's when I learned my balance was $0 - the bank wouldn't tell me anything - when I got home I called the bank and was told what I posted - of course, checks, including my mortgage payment, are going to bounce. A large deposit was made yesterday, 10/31. My only source of income is alimony and child support. Debt is from credit card due to medical expenses. I no longer work due to MS.

[keepmine]

I'd do 3 things.
A. Check with the court clerks office and see what happened with the lawsuit.
B. Call your lawyer once you have that information.
C. Don't put anymore money in the bank. See if your ex will give you cash

[jennordhavn]

Thanks - I did NOT receive any judgment. Will they just continue to take money from the account - I deposited a check for $350 this afternoon(was that a dumb thing to do???) - that's when I learned my balance was $0 - the bank wouldn't tell me anything - when I got home I called the bank and was told what I posted - of course, checks, including my mortgage payment, are going to bounce. A large deposit was made yesterday, 10/31. My only source of income is alimony and child support. Debt is from credit card due to medical expenses. I no longer work due to MS.

I agree with Keepmine. To answer your question though, normally a levy is only good for the amount that is in your account at the time, so the deposit you made today should be available if the levy was put on yesterday. Unlike a wage garnishment, it is a one time deal. You should definitely contact an attorney and don't put anymore money into the account until you have resolved this.

[howdidithappen]

Is it worthwhile to open an account at another bank at this time? Do you think it coincidence that the money was "levied" the date it was? Support payments are made by direct deposit. Mortgage and credit card are held by the same bank that sued me for the cc debt but not the bank I have my checking account in. My mortgage was already being automatically withdrawn as I was late - wait until I have to deal with them again which will be real soon when they learn their withdrawal bounced because their credit card department got to it first.....

[keepmine]

Is it worthwhile to open an account at another bank at this time?

Until this is resolved,I'd try and get those support payments in cash. Many times, a creditor will send an informational subponea to area banks asking if someone is an account holder.
Also, collection laws vary by state. In my state, the levy is in affect ubtil the balance of the judgment is satisfied. AT that point, the judgment creditor releases the account.
You posted this on a bk forum. Are you in the process of filing?

[howdidithappen]

My will not give me support payments in cash - he'll be thrilled to learn of my troubles - can they get to bank accounts of my children?

[jp2861]

If they attacked your account on the 1st of the month it was probably intentional. Alot of folks whose only income is exempt from garnishment at the employer level still have direct deposit. Most of these deposits happen on the 1st. The folks who obtain judgements are betting that these people don't know that their account can be attacked. That's why there's so much talk about stopping direct deposits if you think someone may be coming after you in court.

[magyar123]

If they attacked your account on the 1st of the month it was probably intentional. Alot of folks whose only income is exempt from garnishment at the employer level still have direct deposit. Most of these deposits happen on the 1st. The folks who obtain judgements are betting that these people don't know that their account can be attacked. That's why there's so much talk about stopping direct deposits if you think someone may be coming after you in court.

But these days more and more large employers are mandating that employees' pay is to be automaticaaly deposited, and refuse to issue actual (paper) checks. I used to work for a place that mandated automatic deposits - and they threatened that if you don't sign up for auto deposits, they would MAIL your check to your home address. So if you're on the West Coast, and your employer's headquarters/payroll dept. is on the East Coast, it could take a week or so before you actually get the check, if it doesn't get lost in the mail.

[howdidithappen]

Will they attack it on other days - another check will/my be deposited this month.

[lrprn]

HDIH, there's just no way to predict what might happen until you can share the exact reason why your money disappeared from the account.

What is your state's "execution department"? What was the nature of the complaint you answered? When did you answer the complaint? Did you agree to anything in your response?

[familyof7]

Yes I agree with LPRN what were the reasons for the complaint what is the execution dept. And NO THEY CAN NOT TOUCH YOUR MINOR CHILDS SAVINGS ACCOUNT