Bank not returning released funds

[discombob1]

Ugh, here we go again. A garnishment was issued back in August which pushed me into filing. The CA did release it, but bank didn't get release in time and issued check to CA. After great coaching from this forum, sent letter to CA requesting return of funds. CA attorney replies stating they never got funds.

Fast forward to Dec. Go to bank, explain situation to manager who sends copy of release I provided to legal dept. of bank and researches. CA got check but never cashed it. Now after waiting weeks and weeks with no action, legal dept. of bank placed call to CA attorney's office to find out if they can release the money...even as I provided them with release which they themselves got directly from court back in August. These people are idiots. I plan on cancelling all my accounts and taking my business elsewhere when this is done. Any ideas on speeding this up? Can I go to court and compel bank to release funds? Any advice is much appreciated.

Thanks all!

[GoingDown]

If the CA never cashed or deposited the check from your bank, then why can't you demand that your bank simply put a "stop payment" on that check? And then get your money back?

This is an example of what I was talking about earlier. Just because the money in your checking account might be exempt from judgment creditors DOES NOT mean that your bank is going to act in your best interest. And you might not have any access to that money for month after month after month while you wait for all this stuff to work its way through the courts and through the idiots at your own bank.

[discombob1]

This is the stupid part... I can demand all I want but until they decide to release the funds I'm SOL. My next step may be filing suit in small claims court against the bank, not sure. Wish I had found this forum before I allowed a judgment but it's my own fault. Sure hope others learn from my mistakes! Follow the advice on this board!!

[discombob1]

Has anyone ever filed a complaint with the federal reserve? I don't think it is worth going through an attorney or small claims court for $1K they owe me, but it looks like the federal agency you complain to about banks is the federal reserve. Anyone ever do this? If they are going to mess with my money I figure I should make life difficult for them.

[GoingDown]

I doubt that it will do much good, but you might as well give it a try. Look up their website and file a complaint.

The other thing I would do is keep going down to your bank and complaining in person and ask to speak to the branch manager. If you camp out in front of the branch manager's office day after day, complaining about it, they will probably suddenly find your money just to get rid of you.

It's amazing how differently you get treated when you show up in person and complain. The reason I know this is that I was having trouble getting Home Depot to honor one of their extended warranties when I called them over the phone, so I went to my local Home Depot with all my paperwork and receipts and the crappy lawnmower with me and I spoke in a loud voice so other customers could hear me and suddenly the manager wanted to see if he could help me with my problem.

The squeaky wheel really does get the grease.

I'm not normally a loudmouth kind of person, but if I'm not being treated fairly, then the manager is going to hear about it and have to take time out from his or her busy day to deal with my problem.

[discombob1]

You make a really good point. I'm not normally a confrontational type but you may have hit on the solution. Time to psych up the courage. Thanks GoingDown!

[discombob1]

Well, after accidentally posting this in the wrong place... update is that yesterday I mysteriously receive a check from the CA's attorney. Funny that they find it months after claiming (in writing) that they never got it. Guess I'll never know the real story but at least I did get my money back. Another cautionary tale to avoid judgments!

[Bell30656]

Speak to your bank and use these words, "I am going to seek the help of the OFFICE OF THE CONTROLLER OF THE CURRENCY." You can look this office up on the Internet. Basically this is the place you make complaints about banks. Your branch manager will probably cringe at the words. He will ask you to give him a day or two.

[tobee43]

Speak to your bank and use these words, "I am going to seek the help of the OFFICE OF THE CONTROLLER OF THE CURRENCY." You can look this office up on the Internet. Basically this is the place you make complaints about banks. Your branch manager will probably cringe at the words. He will ask you to give him a day or two.

Bell has hit it right on....most people never heard of the office of the controller of currency...they even have an 800 on their site and LOVE to get banking complaints as they are the actual overseeing eyes abd ears of all the banks in the country....funny how we never hear about them actually doing anything!

[flyinbroke]

A long time ago Chase hit me with late fees because I paid on the due date but it was after 2 pm east coast time. They cut my limit so I got an overlimit too. I asked, pleaded, and got angry but they refused to refund this.

I sent an online complaint to the OCC. Chase paid back money within a short time and sent a written apology.

This is where you hit the banks where they live. The last thing they want is OCC scrutiny.

[discombob1]

Wow, that's good to know! Funny how this isn't common knowledge. Thanks for sharing the info!

[Bell30656]

The OCC sends out an inquiry to the banks. This causes a ton of paperwork on the bank's part. They then want it settled just as quickly as possible.