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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31658
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I only have the money shown in the balance. My bank account

Resolved Question:

I only have the money shown in the balance. My bank account is on Administrative Hold by a credit card collection agency although I only have social security and state penion funds in the account. A paralgal filed a motion For Release based on MD and Federal law. She told me to email and then mail a copy of the Motion (proof of exempt income attached) to the garnishing attorney and ask him to contact the court to remove the hold. As expeceds, he just yells and hangs up. I assume the bank will hold all my money until the court gives permission to take it. If the do take it. Will I be able to get it back. Is the money on hold just lost if it is withdrawn before I can get to court and show that it is exempt.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 6 years ago.

The bank should not release the money in your account if there's an issue about exemption. You should make sure your bank knows that you're claiming the funds as exempt as well - this would be enough to hold things up until you can get the issues squared away.


Again, the money should not be allowed to go anywhere by the bank until it gets clearance from a court or other authority.


If the money is transferred, and your exemptions are valid - which they should be - the money would have to be returned, but you may have to file suit to make this happen.

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