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Bank account hold NAS-COAL first steps

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Henr

Junior Member
What is the name of your state (only U.S. law)? California and/or New York

Hi,

I've just had a withdrawal of $75 and a hold on ~$1,750 put on my checking account. I'm not really sure why this is as I have never been served papers and have no bad debts on my credit report. I've emailed my bank but have not yet received a response. I have lived overseas for the past 4 years, so its difficult to understand exactly what is going on. Can someone tell me what the first steps are to getting to the bottom of this? What is the bank required to disclose to me?

And before anyone suggests, I have never been married, have no children and don't have any issues with the IRS.

Any help is appreciated. Thanks!
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California and/or New York

Hi,

I've just had a withdrawal of $75 and a hold on ~$1,750 put on my checking account. I'm not really sure why this is as I have never been served papers and have no bad debts on my credit report. I've emailed my bank but have not yet received a response. I have lived overseas for the past 4 years, so its difficult to understand exactly what is going on. Can someone tell me what the first steps are to getting to the bottom of this? What is the bank required to disclose to me?

And before anyone suggests, I have never been married, have no children and don't have any issues with the IRS.

Any help is appreciated. Thanks!

Calling the bank during business hours is your first step. Otherwise, it's anybody's guess.
 
What is the name of your state (only U.S. law)? California and/or New York
I've just had a withdrawal of $75 and a hold on ~$1,750 put on my checking account. I'm not really sure why this is as I have never been served papers and have no bad debts on my credit report. I've emailed my bank but have not yet received a response. I have lived overseas for the past 4 years, so its difficult to understand exactly what is going on. Can someone tell me what the first steps are to getting to the bottom of this? What is the bank required to disclose to me?

And before anyone suggests, I have never been married, have no children and don't have any issues with the IRS.

Any help is appreciated. Thanks!
As others have suggested, your first step is to contact your bank (call them or go in person to your local branch, as suggested by someone else, don't wait to see if they respond to an e-mail). Get as much information as you can from your bank. At a minimum you want to know who the plaintiff was, what court their case was filed in, and the court docket number. If they can send you a copy of the document(s) that they received that would be helpful to avoid any confusion or misunderstanding concerning the information.

Then you need to go to the court (either in person or online if possible) and get a copy of every document that was filed in the court docket. From those documents you should be able to determine what the case was all about and how you were served.

Then you will have the information to move forward and decide if you have any basis to contest service (and thereby void the judgment and the garnishment/levy) or if you have any basis to contest the garnishment/levy.

You have to move quickly on all this, there are various timelines and deadlines.
 

Zigner

Senior Member, Non-Attorney
I guess Bob and Mark missed the whole point that the OP made about living overseas. I doubt there is a local branch to stop in at.
 
I guess Bob and Mark missed the whole point that the OP made about living overseas. I doubt there is a local branch to stop in at.
How about if we simply ask the original poster where they currently live?

The original poster wrote: "I have lived overseas for the past 4 years, so its difficult to understand exactly what is going on."

This could be read as something like: "I (have) lived overseas for the past 4 years, but I am currently living in the US."

Or it could be read as something like: "I (have) lived overseas for the past 4 years, and I am currently still living overseas."

Only the original poster's hair dresser knows for sure.
 
I do not doubt your mastery of the English language, nor your desire to educate all of us concerning the proper use of the present perfect tense. However, despite your literal interpretation of what the original poster wrote, most people do not speak nor write perfect English. So I reiterate that only the original poster knows where they currently live and whether their statement that "I have lived overseas for the past 4 years" was intended to include the assumption that they know the correct use of present perfect and/or that they currently live overseas.
 
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quincy

Senior Member
There is always room for an English grammar lesson, especially after all of the advice that can be dispensed has been dispensed. :)

Plus, determining the exact meaning of words and phrases is an important part of law.

And, in Henr's described situation, determining what he means by "I have lived overseas for the past 4 years" can be important in determining what he can and can't realistically do to solve his problem.

Zigner is going by Henr's written words. Zigner was correct (in a now-missing post) that "I have lived overseas for the past 4 years" is present perfect tense and is used to indicate a continuing action, which means Henr still lives overseas. Others (in several other also-missing posts) saw fit, as Mark sees fit, to assume Henr does not know proper English grammar and did not mean what he said.

I think it is important to go by what is said and not make assumptions.
 
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single317dad

Senior Member
I think it is important to go by what is said and not make assumptions.
Wouldn't that just be something!

Is speculation forbidden, or just assumption? ;)

If OP is with one of the larger U.S. banks (Chase, Citi, etc), those have more branches outside the U.S. than inside.

Unfortunately, while OP designated his jurisdiction as CA/NY, he did not disclose his banking institution (nor his gender :) )
 

quincy

Senior Member
Wouldn't that just be something!

Is speculation forbidden, or just assumption? ;)

If OP is with one of the larger U.S. banks (Chase, Citi, etc), those have more branches outside the U.S. than inside.

Unfortunately, while OP designated his jurisdiction as CA/NY, he did not disclose his banking institution (nor his gender :) )
Hahaha.

Touché. :D
 

Henr

Junior Member
As others have suggested, your first step is to contact your bank (call them or go in person to your local branch, as suggested by someone else, don't wait to see if they respond to an e-mail). Get as much information as you can from your bank. At a minimum you want to know who the plaintiff was, what court their case was filed in, and the court docket number. If they can send you a copy of the document(s) that they received that would be helpful to avoid any confusion or misunderstanding concerning the information.

Then you need to go to the court (either in person or online if possible) and get a copy of every document that was filed in the court docket. From those documents you should be able to determine what the case was all about and how you were served.

Then you will have the information to move forward and decide if you have any basis to contest service (and thereby void the judgment and the garnishment/levy) or if you have any basis to contest the garnishment/levy.

You have to move quickly on all this, there are various timelines and deadlines.
Thanks to everyone for their help. Seems the CA tax board obtained a copy of my federal tax return but only bothered to read the first page of it where I listed a relative's CA address to send my refund. They promised to read the rest of my filing if I send it to them directly by fax. If I can do it within 10 days, they can withdraw their case and leave the funds in my bank untouched. After than, they'll have to refund me by mailing a check.

I'm still not sure what other damage this has caused to my life. I'm an accountant and things such as tax liens could negatively affect professional licenses, etc.

Fingers crossed for a good outcome.
 

quincy

Senior Member
Thanks to everyone for their help. Seems the CA tax board obtained a copy of my federal tax return but only bothered to read the first page of it where I listed a relative's CA address to send my refund. They promised to read the rest of my filing if I send it to them directly by fax. If I can do it within 10 days, they can withdraw their case and leave the funds in my bank untouched. After than, they'll have to refund me by mailing a check.

I'm still not sure what other damage this has caused to my life. I'm an accountant and things such as tax liens could negatively affect professional licenses, etc.

Fingers crossed for a good outcome.
And you are living where right now? ;) :)
 
Thanks to everyone for their help. Seems the CA tax board obtained a copy of my federal tax return but only bothered to read the first page of it where I listed a relative's CA address to send my refund. They promised to read the rest of my filing if I send it to them directly by fax. If I can do it within 10 days, they can withdraw their case and leave the funds in my bank untouched. After than, they'll have to refund me by mailing a check.
I must be missing something. How does the above explain why you had "a withdrawal of $75 and a hold on ~$1,750" put on your checking account? Are you suggesting that the State of CA took the money from your bank account to pay a tax lien that you believe was a mistake?

Also, inquiring minds want to know if you are currently living in the US or overseas. :)
 

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