Consumer complaint received 2022-12-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MO
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Can't stop withdrawals from your account

Complaint:
In XXXX, I opened a XXXX business, a Limited Liability Corporation named XXXX XXXX. At that time, I opened a bank account with Bank of America. At the same time, I also opened a personal bank account not tied to the business. Everything was going great for a bit, and I even took out a loan from XXXX XXXX XXXX to expand the business. Then COVID-19 hit. The city did not consider us an essential business, so we had to close for some time. Unfortunately, we were not able to reopen, and the business has been closed since XXXX. 

I received a notice from XXXX XXXX  last month XXXX stating that they were suing XXXX XXXX for rest of the amount of the loan that we had taken out for the business. I never received any communication about a garnishment of any sort. However, I did not hear back from them after that. Since the close of the business, I went back to work at XXXX XXXX. I have been having my paychecks direct deposited to my Bank of America personal bank account. On XX/XX/XXXX, I had my paycheck deposited as usual to my account. However, I noticed that there was hold on my account and my paycheck had deposited but was on hold. 

It took me all day trying to call the bank and was unable to get through. I then went to the bank branch here in XXXX, MO. I asked to speak to the branch manager. The manager said that there was nothing he could do and that they received a garnishment court order from some court in Maryland and they garnished the money as a result of that. He told me to contact the court in Maryland about my issue. He would not even provide me with the court order the Bank had received, as I have not received one. 
I did not receive any notification on a garnishment from either XXXX XXXX  or from Bank of America about a garnishment. 

This also happened at the beginning of the month, and I needed that money to pay my rent and utilities. As it stands, I am unable to pay my rent and I am facing eviction. I am also facing the possibility of having my utilities disconnected and my car repossessed, as I was also planning on making my car payment with that paycheck. The Bank manager said that they must keep taking all my paychecks until the total amount of {$5500.00} is satisfied. 

I was not aware that a bank can just allow anybody access to your personal bank account and take your money without any notification. I also was not aware that even though my company was set up as an LLC, anyone can just access my personal bank account. The bank did not even check with me to make sure this was a legitimate thing, as I was in communication with XXXX XXXX  to try to resolve the issue as first, I do not agree with the amount they are trying to collect, and secondly, we had previously agreed on a payment plan of some sort. 

My research shows that Bank of America has gotten into trouble with regulators before for the same thing and had to pay a {$10.00} million fine as a result. Obviously, Bank of America does not care either way. I am hoping there is some recourse to this as I am looking at probably becoming homeless here in the next few weeks. Any assistance you can provide will be greatly appreciated.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation