Consumer complaint received 2025-01-06 00:00:00
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: TD BANK US HOLDING COMPANY
State: CA

Complaint narrative:
On XX/XX/year>, TD Bank unjustly and unlawfully withdrew {$1900.00} in total from a joint checking and savings account I have with my mother, in addition to restricting and freezing the accounts. TD denied us access to use our funds, including my other savings account thats only owned by me. 

My daughter spoke with TD Bank on XX/XX/XXXX at XXXX XXXX  to inquire and spoken with multiple representatives in customer service and one from the XXXX XXXX  at TD Bank. They both stated they received a XXXX  order from NY State Taxation and Finance for me who is the co-owner of the joint accounts with my daughter. My daughter told TD Bank representatives its unlawful, and TD Bank can not deprive us of our rights to access funds to provide for basic needs and living expenses. My daughter do not have a levy order, and denying her the use of funds is a violation of due process rights under constitution and Regulation E. All the representatives disregarded her statements, including the one from the XXXX department, and proceeded to violate our rights. TD Bank representative from the XXXX department lied by stating NYS must release the order for the restrictions and freeze to be removed. The funds in the joint accounts are exempt from levy we did not require a levy release prior to reinstating the account. 

The sources of income for these accounts are my daughter money from her employer and financial aid, which is exempt from levies. Another source is my Social Security money, which is federal benefits. The joint savings account contains my federal benefits. My Social Security benefits are deposited into the checking account every first XXXX  once a month. The joint checking account that receives the federal benefits deposit then gets transferred to the joint savings account. My daughter stressed and placed severe emphasis to TD Bank employees that under state and federal law theres a certain type of fund that is exempt to pay a debt or judgment, and social security is one of them.

TD Bank can not take funds from either checking or savings accounts because both accounts are a mixture of the funds, hence they are exempt. TD Bank unlawfully deprived my mother of legally receiving and using her funds regardless of a levy issued because her funds are exempt. It's TD Bank 's responsibility to examine the type of funds in the account 
prior to withdrawing for a levy order. TD Bank 's duty is to inform NYS Taxation and Finance that the funds in this bank account can not be taken because its a joint account, and XXXX of the sources of income is social security, which is an exempt fund. 

On XX/XX/year>, my daughter and I spoke with the NYS Taxation and Finance Department, and they called the TD Bank XXXX Department inquiring about the amount and the type of funds that were withheld. XXXX XXXX, a TD Bank employee out of the XXXX department, stated they withheld estimating {$1700.00}. NYS asked what type of funds are in the account ; XXXX XXXX stated she only sees my daughter employer payroll deposits in the account. NYS asked XXXX XXXX if she sees my Social Security benefits in the account, and she stated no. XXXX XXXX, from TD Bank, stated false and incorrect information, which caused us unnecessary expenses by sending supporting documents, such as bank statements, identifying proof of social security benefits via fax to NYS to prove it. Knowing if XXXX XXXX was honest, the levy couldve been removed that day. This caused us undue burden, emotional distress and a violation of our due process.

Company response to consumer: Closed with monetary relief