Consumer complaint received 2023-10-13
Company: FIFTH THIRD FINANCIAL CORPORATION
State: NC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/ a Levy was placed on all accounts with my name at Fifth Third Bank. On Friday XXXX XXXX debits and credits to the accounts were blocked. My spouse XXXX XXXX visited the branch and was advised XXXX would be deducted from the account based on a Writ of Execution presented to the bank by the XXXX Sheriff 's Department. 

The Levy was presented for XXXX. This amount was available as the account balance was over XXXX. Fifth Third could not explain why three accounts were frozen for XXXX when they could have garnished the amount and presented payment to the Creditors. As a result several payments were returned including mortgage and credit card payments resulting in additional fees to other creditors. My daughter 's account was frozen preventing payment to her Creditors. Additionally Fifth Third misrepresented payment to the Sheriffs office stating they were sending payment for XXXX, however the Sheriff was advised via the court that no funds were collected. 

On the following Monday, XX/XX/2023 the Levy was lifted from one account and left on the other XXXX. At this point the Writ of Execution expired and Fifth Third stated they help XXXX and presented it as payment. When the Levy was not lifted from the other two accounts as stated they were by Fifth Third additional payments were returned and additional fees were incurred by other creditors. During the week on XX/XX/2023 several calls were made by myself, my daughter and my spouse asking why the Levy was only lifted from one account and no answers could be given. 

On XX/XX/2023 the Sheriff who presented the Levy XXXX XXXX XXXX contacted Fifth Third and advised the levy should be lifted. A representative for Fith Third advised they would not lift the levy until a letter from the creditor was presented advising them to lift the levy. The creditor advised they are no longer involved as it's been presented as a civil matter by the Sheriff and no letter would be presented by them. XXXX XXXX  advised that legally they had no standing to continue to hold my funds because the Writ of Execution was no longer valid and Fifth Third still refused to lift the levy until they received a letter. XXXX XXXX then advised he would send a letter the following week Monday XX/XX/ to have the additional levies lifted. 

There are recurring payments that are being returned on the levied accounts. When asked why the additional levies were not lifted although the levy was lifted from one account no answer could be provided. I did not receive a letter from the bank before the accounts were frozen. When calling the bank I was advised to go into a branch before they reviewed my accounts. When I visited the branch located at XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/ I sat in the branch for 20 minutes and the banker stated she did not know what a levy was and she needed to research. I had to leave work to go into a branch. My spouse had to leave work to go into a branch. My daughter missed work to go into a branch. 

For XXXX we've accrued over XXXX in returned payments and late fees, and a combined 5 hours of unpaid time at work. Not because there was a levy placed on the account but because Fifth Third grossly mishandled this levy by providing incorrect information, requesting documentation that is not legally required to remove the levy and not sending a letter before or after the levy was placed on the account.

Company response to consumer: Closed with non-monetary relief