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Unfreezing Protected Funds in Bank Account

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TinyDots

New member
What is the name of your state? Kentucky
A collections attorney representing a credit card company got a garnishment order against me. The bank froze my bank balance as of the date they received the order. This account is used only for child support payments directly deposited by the state child support enforcement agency. The only exception is the 2 deposits of money that I had to borrow from people to bring the account to good standing after overdrafts because child support was over a month late. Then, the child support direct deposits hit my account. I had already withdrawn the exact amount of the borrowed funds I’d deposited, in order to pay those people back, before the bank received the order and froze the account. Therefore, all remaining funds that make up the amount frozen are from child support. The amount of the balance they froze is less than the amount of the child support direct deposit. I’ve read several times and been told that child support cannot be garnished. Yet, that appears to be happening. That bank wouldn’t lift the freeze, despite knowing it was child support. The creditor said they wouldn’t lift it because the bank has to. I attempted to leave proof and claim exemption with the circuit clerk office, but the person I spoke to wouldn’t accept it and said there were no exemptions. So, how do I get my child’s support funds protected and not transferred to the creditor? I now only have 4 business days to get something done before the bank transfers those funds to the creditor, unless the court tells them otherwise. Please help!
 


quincy

Senior Member
What is the name of your state? Kentucky
A collections attorney representing a credit card company got a garnishment order against me. The bank froze my bank balance as of the date they received the order. This account is used only for child support payments directly deposited by the state child support enforcement agency. The only exception is the 2 deposits of money that I had to borrow from people to bring the account to good standing after overdrafts because child support was over a month late. Then, the child support direct deposits hit my account. I had already withdrawn the exact amount of the borrowed funds I’d deposited, in order to pay those people back, before the bank received the order and froze the account. Therefore, all remaining funds that make up the amount frozen are from child support. The amount of the balance they froze is less than the amount of the child support direct deposit. I’ve read several times and been told that child support cannot be garnished. Yet, that appears to be happening. That bank wouldn’t lift the freeze, despite knowing it was child support. The creditor said they wouldn’t lift it because the bank has to. I attempted to leave proof and claim exemption with the circuit clerk office, but the person I spoke to wouldn’t accept it and said there were no exemptions. So, how do I get my child’s support funds protected and not transferred to the creditor? I now only have 4 business days to get something done before the bank transfers those funds to the creditor, unless the court tells them otherwise. Please help!
What exactly did you file with the court?

You potentially can set up a new account with the state at a different bank, where any future child support payments can be deposited.

You erred in adding non-support funds to the account (and in drawing on the account when you had insufficient funds).
 

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