Consumer complaint received 2026-01-07 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC

Complaint narrative:
To Whom It May Concern, I am submitting this formal complaint against Bank of America , N.A . for violations of federal banking law, constitutional due process, and North Carolina and Virginia statutes arising from the improper restraint and/or release of my funds without a valid writ of garnishment and without domestication of an out-of-state judgment. 

Financial Institution : Bank of America, N.A./ Account opened in North Carolina Issue : Improper garnishment / unlawful release of funds Jurisdictional Defects : No valid writ ; no domesticated foreign judgment Statement of Facts Bank of America restrained and/or released funds from my account based on an alleged garnishment tied to an out-of-state judgment that was never domesticated in my state of residence and without a valid writ of garnishment issued by a court of competent jurisdiction. Despite these defects, Bank of America acted, depriving me of access to my funds. I was never served, as an out of state North Carolina resident. Without due diligence to locate my current address through many various means available to the creditor, they chose to post a notice on an old vacated apartment in Virginia, for almost XXXX  years to maintain jurisdiction in Virginia, preventing any due process to include notifying me of the initial hearing. As a result only a default judgement was entered. A writ of garnishment hearing is still pending in Virginia XXXX XXXX on XX/XX/XXXX. It has not been awarded. 

XXXX XXXX, North Carolina, and Virginia Law I. Federal Law Violations XXXX. Due Process U.S. Constitution U.S. Const. amend. XXXX Prohibits deprivation of property without due process of law. Bank of Americas compliance with invalid legal process resulted in the unlawful taking of my property. 

B. Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) 12 U.S.C. 5531 & 5536 ( Dodd-Frank Act ) Prohibits unfair acts causing substantial consumer injury that is not reasonably avoidable. 

Honoring a non-domesticated judgment and invalid garnishment constitutes an unfair banking practice. 

XXXX National Bank Safety and Soundness Obligations 12 C.F.R. 7.4000 et seq. 
Requires national banks to operate in a safe and sound manner and exercise due diligence in responding to legal process. 

XXXX Electronic Fund Transfer Act ( If Applicable ) 15 U.S.C. 1693f ( Regulation E ) Requires investigation and correction of unauthorized or erroneous transfers, including improper holds or debits. Bank of America, where my account was opened in North Carolina and reflects my residency in North Carolina, had due diligence to investigate whether a writ of garnishment had been ordered before releasing funds. 

XXXX. North Carolina Law Violations XXXX. Uniform Enforcement of Foreign Judgments Act XXXX XXXX XXXX. XXXX through XXXX North Carolina law requires : Filing of a foreign judgment with the clerk of court Notice to the judgment debtor Opportunity to contest enforcement A foreign judgment has no force or effect in North Carolina until properly filed and notice requirements are met. Bank of America acted without verifying compliance with these statutory requirements. 

B. North Carolina Garnishment Restrictions XXXX XXXX XXXX. XXXXXXXX XXXX XXXX 
Limits prejudgment attachment and requires strict statutory compliance. 

XXXX XXXX XXXX. XXXX North Carolina does not permit general post-judgment wage garnishment, underscoring the necessity of strict adherence to lawful procedures for any account restraint. 

XXXX North Carolina Due Process Protections N.C. Const. art. I, XXXX Guarantees that no person shall be deprived of property except by the law of the land. On XX/XX/XXXX Bank of America released to XXXX, XXXX XXXXXXXXXXXX XXXX XXXXXXXX the sum of {$1200.00} and put a hold for {$12000.00} in the hopes to release additional sums, without knowing the source of the money or allowing exemptions. 

XXXX. Virginia Law Violations XXXX. Uniform Enforcement of Foreign Judgments Act XXXX XXXX XXXX XXXX XXXX through XXXX Virginia requires : Filing and docketing of the foreign judgment Notice to the debtor XXXX to contest domestication Absent domestication, a foreign judgment is unenforceable and can not support a writ of garnishment. 

XXXX Virginia Garnishment Statutes XXXX XXXX XXXX XXXX XXXX through XXXX These statutes require : A valid underlying judgment Proper issuance of a writ of fieri facias or garnishment, which is pending at a writ of garnishment hearing on XX/XX/XXXX in Virginia District Court. 

Strict compliance with service and jurisdictional requirements Bank of America acted without confirming the existence of a valid, enforceable Virginia writ. 

XXXX Virginia Due Process Protections XXXX XXXXXXXX XXXX XXXX XXXX  Protects against deprivation of property without due process of law. 

XXXX  Failure to Verify Facial Validity of Legal Process Both federal guidance and state law require banks to ensure that : The issuing court had jurisdiction, in which personal jurisdiction is being contested with the Virginia District Court. 

The judgment was enforceable in the relevant state A valid writ existed at the time of restraint or release Bank of America failed to independently verify these mandatory elements before acting. 

Harm to Consumer As a direct result of these violations : My funds were unlawfully restrained and/or released I was deprived of property without lawful authority I suffered financial harm and loss of access to protected funds Requested Relief I respectfully request that the CFPB : Investigate Bank of Americas compliance with federal, North Carolina XXXX and Virginia garnishment and judgment enforcement laws Require a full accounting of all funds restrained or released Order restitution of all improperly garnished funds Require corrective policy and procedural changes Impose supervisory or enforcement action as warranted I am prepared to provide all supporting documentation upon request. 

Thank you for your attention to this matter.

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