Consumer complaint received 2025-12-04 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Collected or attempted to collect exempt funds
Company: FIFTH THIRD FINANCIAL CORPORATION
State: MI

Complaint narrative:
I am filing a complaint against Fifth Third Bank for illegally seizing Social Security disability benefits belonging to my XXXX son, for whom I am the representative payee. 

On or around XX/XX/year>, Fifth Third Bank removed {$470.00} from my account under a non-periodic garnishment related to Case No. XXXX XXXX  ( XXXX XXXX XXXX XXXX XXXX XXXX ). These funds were 100 % Social Security disability benefits, directly deposited into my account each month by the Social Security Administration.

Under federal law, these benefits are fully exempt from garnishment : 42 U.S.C. 407 ( a ) 31 CFR Part 212 ( Garnishment of Accounts Containing Federal Benefit Payments ) Despite these laws, Fifth Third Bank released exempt Social Security funds to a creditor in violation of federal regulations.

Serious Issues with Fifth Thirds Handling of the Garnishment : 1. Fifth Third failed to perform the mandatory account review.

Under 31 CFR 212.5, banks must review the previous two months of deposits to identify federal benefit payments. Fifth Third ignored repeated SSA deposits and allowed the garnishment to go through.

2. Fifth Third provided false and misleading information.

Branch Banker staff at XXXX XXXX XXXX XXXX XXXX XXXXXXXX told me : We just let them take it, and Debts garnished from Social Security benefits has nothing to do with us '' " We dont have control over whether garnishments are withdrawn from social security benefits.

This is factually untrue. Federal regulations require banks to protect exempt federal benefits.

3. Fifth Third falsely claimed that transferring SS funds from checking to savings removed the exemption.

This is also untrue. Under 31 CFR 212.3 and 212.5, the exemption follows the funds, even when transferred between accounts.

4. Fifth Third did not disclose the garnishment transaction on my statement.

The removal of funds does not appear on my online or paper statements.

This lack of transparency is unacceptable and raises significant compliance concerns.

5. Fifth Third has failed to provide documentation of the garnishment.

I requested the Legal Order Debit records, garnishment ledger, and account review documentation.

All are required under federal transparency obligations.

6. Fifth Thirds actions caused immediate hardship.

Over 60 % of my sons monthly disability benefits were seized illegally. These funds pay for his housing, utilities, food, and medical needs.

Fifth Third Banks actions have created severe financial harm and represent a clear violation of federal benefit protection regulations.

I am requesting that the CFPB : 1. Require Fifth Third to refund the wrongfully seized Social Security funds 2. Investigate Fifth Thirds failure to comply with 31 CFR Part 212 3. Require the bank to provide the missing garnishment documentation 4. Address the false and misleading statements made by bank staff 5. Evaluate whether Fifth Third has systemic deficiencies in handling federal benefit payments 6. Ensure corrective action, training, and accountability I am also submitting a concurrent complaint to the Office of the Comptroller of the Currency ( OCC ) due to the seriousness of the violation.

Bank Information to Enter on the CFPB Form : Bank Name : Fifth Third Bank Bank Type : National Bank State : Michigan Branch Location : XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX Account Type : Checking / Savings Amount Lost : {$470.00}

Company response to consumer: Closed with explanation