VA. I got behind on a credit card about 6 months ago; the credit limit was only like $300-$500. They went to court to collect in November and decided I now owed $700+. Yesterday, 12/28, Capital One garnished my bank acct. (and my mom's joint acct w/me). Now we are each approx. $-900 overdrawn. I have been calling the number the bank gave me, but the rep at Capital One (apparently the only one that can help me, I've been told) has not returned my calls. Does anyone have any suggestions/help for me?!?!? p.s. My mom only gets SSI direct deposited into her acct monthly, and I'm a single parent who gets no child support. Please...anyone...help.
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Help! Capital One garnished my bank acct!
- Thread starter rmilman
- Start date
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jonahsgirl
Junior Member
Im kinda stuck too. i was just wondering if you knew anything about extradition?
Yes, we are going to get my mom another account for her SSI to go into. As for the minimum payment comment, yes they were small once, but once I was late and got charged with that fee and the over limit fee, it just snowballed. And I had just moved across the country with next to no belongings, just started working here, but did not have the money at the time. It's amazing what such a small amount has ended up becoming!
SSI can not legally be garnished in accordance with US Code Title 42, Chapter 7, Subchapter II, Section 7.
I would contact the courts to have the garnishment overturned. You should also get her bank statements showing that all funds deposited were from SSI.
http://www.lii.warwick.ac.uk/uscode/42/407.html
TITLE 42 > CHAPTER 7 > SUBCHAPTER II > Sec. 407.
Sec. 407. - Assignment of benefits
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
(b) Amendment of section
No other provision of law, enacted before, on, or after April 20, 1983, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.
(c) Withholding of taxes
Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this subchapter, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person's representative payee
I would contact the courts to have the garnishment overturned. You should also get her bank statements showing that all funds deposited were from SSI.
http://www.lii.warwick.ac.uk/uscode/42/407.html
TITLE 42 > CHAPTER 7 > SUBCHAPTER II > Sec. 407.
Sec. 407. - Assignment of benefits
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
(b) Amendment of section
No other provision of law, enacted before, on, or after April 20, 1983, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.
(c) Withholding of taxes
Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this subchapter, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person's representative payee
Thanks oldeguy! That's what we thought too. There's a form for garnishment exemption that was sent to me yesterday, should I attach her bank statements to that and send it to the court? And/or to the bank? Do you know how long it should take for them to remove her acct from the garnishment? She gets her direct deposit on the 3rd Wednesday each month. Should we still just plan on trying to open another account for her?
rmilman said:Thanks oldeguy! That's what we thought too. There's a form for garnishment exemption that was sent to me yesterday, should I attach her bank statements to that and send it to the court? And/or to the bank? Do you know how long it should take for them to remove her acct from the garnishment? She gets her direct deposit on the 3rd Wednesday each month. Should we still just plan on trying to open another account for her?
I would attach a copy of the statement and send it to the court. No need to send it to the bank in my opinion as they already have access to her records. At this point it's only the courts that matter. Keep the original as this may come up again. If she had more money in the account than 1 months deposit, include as many back statements as it takes to establish that all money was from SSI.
I'm not well versed in the procedures, I only know her SSI can not be garnished/attached/etc. Others here hopefully will give you more advise. With the holiday weekend, viewers here may be limited.
A new account in only her name is probably a good idea, but it may take some time for SSA to transfer direct deposit payments to a new account.
She may need to keep the old one open until the new account gets the first direct deposit.
Be sure to quote the US Code number in the reply to the courts!!