I called my checking account help-line yesterday to check my balance and it was (MINUS)6,245.96. After calling the bank, I found out that CAPITAL ONE had attached a garnishment to my account. They referred me to the clerk's office of the law firm involved. I explained to the lady that the account was being used exclusively to deposit unemployment insurance payments -- I've been unemployed for almost a year -- and that those funds are exempt from collections. She then told me to call my bank back and explain to them that the funds were exempt. I called the bank again and they referred the matter to their legal department. I checked the balance again today and it is now ZERO. They took the entire $1300 of unemployment funds I had deposited in the account.
I had received a letter informing me that a civil lawsuit was initiated because of the debt, but to this day I have never been served or mailed a summons informing me of a court date. When I questioned the law clerk about this, she said the "BANK" had been served.
I'm preparing a CH7 BK filing, but haven't got the paperwork completed. Is there any way to get my unemployment money back now? If not, is there any way to get it back when/after I file my BK petition? I've been waiting all day for a return call from the bank's "legal department," and I'm starting to get nervous!
I had received a letter informing me that a civil lawsuit was initiated because of the debt, but to this day I have never been served or mailed a summons informing me of a court date. When I questioned the law clerk about this, she said the "BANK" had been served.
I'm preparing a CH7 BK filing, but haven't got the paperwork completed. Is there any way to get my unemployment money back now? If not, is there any way to get it back when/after I file my BK petition? I've been waiting all day for a return call from the bank's "legal department," and I'm starting to get nervous!
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