Consumer complaint received 2023-01-03
Company: GFS II, LLC
State: IN
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
This complaint pertains to Gateway Financial Solutions Cause No. XXXX Plaintiff Gateway Financial Solutions XXXX represented by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Phone : ( XXXX ) XXXX Gateway Financial Solutions XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX In XXXX XXXX XXXX, Gateway Financial XXXX interrogitoris to my personal bank account, XXXX XXXX XXXX XXXX XXXX XXXX XXXX responded and withheld funds from my personal account in the amount of {$160.00}. My current account balance at that time was only {$180.00}. The amount seized was in excess of the 10 % monthly amount allowed based on prior judgement for garnishment of my wages. Gateway Financial requested that these funds be withheld from my account prior to the supplemental proceeding which I was court ordered to appear. 
On XX/XX/2022 I appeared in court and submitted exemption for my personal bank account XXXX XXXXXXXX XXXX. The XXXX entered and order confirming the exemption of my personal bank account XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX was released as a garnishee defendant. 
Order was forwarded to XXXX XXXX Bank and my funds were released back to me. 
Since that date Gateway Financial did not have any other order from the Court stating that XXXX XXXX XXXX was to be listed as a Garnishee defendant in this matter. 

XX/XX/2022 XXXX was issued for Garnishment of my wages from Contracted employer XXXX XXXX. The order of XX/XX/2022 only listed XXXX XXXX named as XXXX. 

Gateway Financial voluntarily and intentionally provided the order dated XX/XX/2022 to XXXX XXXX XXXX  in an attempt to withhold funds from my account in violation of the FDCPA subsection 808 ( 6 ) A by taking a non judicial action and withholding funds from my personal bank account. Gateway financial had no present right to posession of the the contents of my bank account which the attempted to claim as collateral by forwarding the order from XX/XX/2022 which was not meant for XXXX XXXX XXXX as XXXX defendant as they were not listed on the order. At this time Gateway has not filed for any supplemental proceeding attempting to reinstate XXXXXXXX XXXX XXXX as a XXXX defendant and therefore no right to seize assets in my personal bank account. 

On or about XX/XX/2022 my card declined. I called XXXX XXXX XXXX and was informed that the was a legal hold on my account in the amount {$410.00}. This left my account balance in the negative and overdrafted. I attempted to call the XXXX XXXX XXXX department but they were closed due to the XXXX and were closed also Monday XX/XX/2022. Thus leaving the contents of my bank account inaccessible to me for multiple days during the course of a XXXX XXXX 

I spoke with XXXX XXXX from XXXX XXXX XXXX department to verify these facts. It was confirmed that they had received an order from Gateway One Financial XXXX XXXX and that the order was not distributed by the court. The XXXX XXXX XXXX XXXX XXXX as the XXXX. Gateway Financial knew or should have known that the XXXX XXXX XXXX was not listed on the Order from XX/XX/2022 and that previous order entered on XX/XX/2022 released and exempted XXXX XXXXXXXX XXXX as a Garnishee thereby prohibiting Gateway Financial from attempting to contact or withhold assets from my bank XXXX XXXX XXXX 
XXXX XXXX XXXX released my funds back on XX/XX/2022 after we spoke and brought to their attention that they were not listed as garnishee on the XX/XX/2022 XXXX that had been sent to them by Gateway Financial. 
The preponderance of the evidence shows that Gateway Financial attempted to disable or retain posession of the contents of my bank account by sending an order to an already exempt and released XXXX. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation