Capital One/Frozen acct NY

[MinkSki]

What is the name of your state? NY
Friday the 13th was NOT a good day for me, stopped at my bank "Fleet" to make a deposit at ATM and punched in my pin and I waited seems like forever and the screen comes up Retained Your Card Anyway the bank was closed but I saw people inside so one came to the door and I asked if she could recover my card, she came back 10 minutes later and told me my account was restrained for a Capital One card account. Now I have all this s... going through my head , car payment due next Friday , insurance and rent , NIMO all these bills to pay and how do I get my account unrestrained? Does anyone know the procedures before I call up this lawyer office for Capital One down in NYC. I also have a Payday loan due next weekend so I am up s... creek without a paddle at this point. How do I feed my family, have a 21 month baby to take care of. Any insight to this dilemma is greatly apprecitated! The Capital One bill is at least 5-6 yrs old.

 

[JETX]

"how do I get my account unrestrained?"
*** If the account was seized to pay a judgment (as is likely), you don't.

"Does anyone know the procedures before I call up this lawyer office for Capital One down in NYC."
*** Call them and ask for a copy of the judgment against you, and a copy of the garnishment papers (for the bank seizure). When you get them, come back and let us know the full facts.

 

[MinkSki]

Frozen account need more info

JETX or Ladynred, please need to know if I will have any access to my bank account I have most of my transactions done via EFT, car insurance, car payment, AOL acct, phone I usually pay rent via check also NIMO power company. When I get paid on 22 Aug will I be able to call in a payment for my car, I need to feed my family I am the only one working, my granddaughter 2yrs old is my dependent due to the father being incarcerated for burglary. I get a pension on the 1st of Sept what kind of status will this be will Capital ONe let me make payments or will I be looking for a new place to live with NO money. I am getting ready to lose it I cannot take anymore stress right now. Please help!

"how do I get my account unrestrained?"
*** If the account was seized to pay a judgment (as is likely), you don't.

"Does anyone know the procedures before I call up this lawyer office for Capital One down in NYC."
*** Call them and ask for a copy of the judgment against you, and a copy of the garnishment papers (for the bank seizure). When you get them, come back and let us know the full facts.

 

[JETX]

Most states allow you to file a challenge to the garnishment/seizure and request a hearing. If the court agrees that your funds should not have been exempt from seizure, or even a hardship in some states, the court may order that part or all the funds be returned. I strongly suggest you get a copy of the seizure order (if you don't already have one) and follow the instructions in it.

Further, you could contact the creditor and see if they are willing to release the funds in return for a promissory note or some other agreement to pay. I doubt that they would as they already have at least some of the funds, but they might if they can be assured of returning some now, to get more in the future.

I have some sympathy for your plight, but feel that you likely had ample opportunity to resolve this matter before now and you didn't.

 

[MinkSki]

Frozen Bank ACCT

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JETX,
Thank you so much, I have not received anything on paper yet, maybe in mail tomorrow Monday but this is so confusing to me as I have never had my account frozen. I seem lost at this point and very intimidated with contacting the creditor or my bank that is changing over to Bank of America tomorrow. I will wait for the mail to see if anything shows up on MOnday. Thank you again, have a good evening.

MinkSki

Most states allow you to file a challenge to the garnishment/seizure and request a hearing. If the court agrees that your funds should not have been exempt from seizure, or even a hardship in some states, the court may order that part or all the funds be returned. I strongly suggest you get a copy of the seizure order (if you don't already have one) and follow the instructions in it.

Further, you could contact the creditor and see if they are willing to release the funds in return for a promissory note or some other agreement to pay. I doubt that they would as they already have at least some of the funds, but they might if they can be assured of returning some now, to get more in the future.

I have some sympathy for your plight, but feel that you likely had ample opportunity to resolve this matter before now and you didn't.

 

[MinkSki]

Capital One ....Follow UP

undefined JETX, I called the lawyers office down in NYC today and she told me I had to pay half of the payment due on my next payday.... then I go down to my bank and sign a conditional release so they can cut them a check and then pay $50 a month or more til it is satisfied. The only problem I can see with this set up is that almost my whole paycheck is gone and no money until I get my pension on the 1st. I guess all in all it had to be done sooner and not later. Another thing she said was that my bank will charge me a fee but do not know what that would be. This is in NY not sure if other state's have the same procedures. Thank you for your help.

MinkSki

 

[JETX]

Thank you for your help.

Of course, you're welcome..... but there really wasn't much you can do as you had apparently ignored their demands for payment and they took the next step of enforcing a judgment.
One thing though.... you keep referring to a pension check. Were the funds in the bank pension money.... or from another source???
If it was pension money, then those funds should have been exempt from seizure.
NY exempts the following:
"Pensions and Retirement Benefits: ERISA-qualified benefits needed for support. Funds exempt for public retirement benefits of state employees and village police officers. IRA exemptions for conventional, Roth and SIMPLE plans, limited to contributions that are made more than 90 days before court action."

If they were exempt, you might consider filing an exemption with the court and calling the judgment creditor (attorney) and telling them that you are taking that action. They may very well release those funds you can prove are exempt.... without a hearing by the court.

 

[MinkSki]

Pension Funds

JETX,
Hi! The funds they are taking on Monday 23 Aug are from my current job, I never gave it a thought about my pension being exempt. I never mentioned it to the person I talked to on Monday that I collect a pension. Does that mean that once I sign the conditional release on 23 Aug they will release my funds so I can pay my rent on the 1st ???? That would be a great relief as I am for lack of a better word BROKE at the moment. I am so glad I found this site you are so helpful and knowledgeable.

MinkSki

Of course, you're welcome..... but there really wasn't much you can do as you had apparently ignored their demands for payment and they took the next step of enforcing a judgment.
One thing though.... you keep referring to a pension check. Were the funds in the bank pension money.... or from another source???
If it was pension money, then those funds should have been exempt from seizure.
NY exempts the following:
"Pensions and Retirement Benefits: ERISA-qualified benefits needed for support. Funds exempt for public retirement benefits of state employees and village police officers. IRA exemptions for conventional, Roth and SIMPLE plans, limited to contributions that are made more than 90 days before court action."

If they were exempt, you might consider filing an exemption with the court and calling the judgment creditor (attorney) and telling them that you are taking that action. They may very well release those funds you can prove are exempt.... without a hearing by the court.

 

[JETX]

Does that mean that once I sign the conditional release on 23 Aug they will release my funds so I can pay my rent on the 1st ????

Nope. If some of the fund that were seized were exempt, you could probably get the court to release those exempted funds. However, since your post says that they were NOT exempt, the court would likely NOT exempt them on a statutory basis.

 

[MinkSki]

Released Account

JETx,
On 27 Aug my account was released BUT I checked my account via automated at Fleet/Bank of America it said I had a balance of $76 and a available balance of -$460 is this the bank fee? I called my bank after work yesterday and asked if I could write a check for groceries because it has been almost two weeks since I could touch any money from my acct and he told me not to exceed the $76 dollar balance. Now I am wondering if the $47 dollars I wrote a check for at Price Chopper will bounce. Another crisis that happened from Friday the 13 was on 22 Aug I had a $40 payday loan payment bounce now they want $300 should I file Chapter 7????? This cycle is not showing any end in sight, now my rent will be all messed up they will probably take half my pension. Help!!!

 

[Ladynred]

Filing for bankruptcy would most definitely stop ALL collection activities dead in their tracks and the Crap1 judgment would go bye-bye in the bankruptcy.

Your pension should be exempt. Your best bet right now is to open another account in a different bank and have your pension deposited into that account - and ONLY your pension should go into it. That will keep it 'clean' as exempt funds. I do believe you can also file your exemptions from judgment with the court so that you can keep at least your pension amount until you can get it moved out of BofA.

How old is this judgment anyway ? Were you served a summons ??

 

[MinkSki]

New Bank Account

LadynRed,
Thanks much for the info, when I make payment arrangements with the attorney Mel Harris & Associates for Crap 1 they asked if I had any other bank accounts and if I did they would find them! That is a good idea about just having my pension go to A bank though. The paperwork that Fleet/BofA sent me was from Jan 2004 to them from that attorney's office, took 8 months to get my account frozen not sure of the original date for judgement but it was at least 5yrs since I got that damn Crap 1 card. I am exploring the Chapter 7 route. I have some other stuff that needs to be addressed like a repo car back in Oct , another Fleet CC for $2,000 bucks. Thanks again for your help.

MinkSki