TCF Bank More unreasonable fees, questionable banking practices Minneapolis, Minnesota

Thanks for the responses.  Yes, I was sued in court by the collection agency "Capital Alliance Financial LLC" AKA "Stenger and Stenger."  I received a letter in the mail from the County Court after the fact that the judgment was levied against me.  I NEVER received a summons, letter etc. prior to the default judgment against me. I just turned in my bankruptcy paperwork on Monday, August 16th.  Expensive lesson learned...  Now, the paperwork for the bankruptcy is in my lawyer's possession, and hopefully, no more money will be taken from my account.  $350 may not be a lot of money to some people, but, the money that was removed from my account caused me to have 3 overdrafts.  The overdrafts cost me $105.00.  I've had this account for over 23 years, and I've never been overdrawn.  I've attempted to contact someone at this collection agency, but the attorney that represented this collection agency is never available.  Typical! 

When you say you are "filing" bankruptcy.  Does that mean that you have actually FILED, that is paid the fee, and submited the filing to the courts?  Because until you file you have no protections under the Bankruptcy laws.  But once you do actually file then automatic stays are put into place and creditors are not allowed to take any action against you to collect on any debts.

If you had actually filed and they attached your bank account after that, the Bankruptcy courts should require them to return that money, and the bank should(although not sure if fees are included) be required to return that fee.  If they attached the account BEFORE you filed then unfortunatly they may be allowed to keep the money they had already taken. 

Now, the one other thing to look at is the suit.  They can not attach your account without having a judgment against you.  If you were never notified(served) with the original lawsuit, you may have grounds to have the judgment vacated.  In which case you would again be able to have the money returned to you. 

This is something you need to go over with your lawyer, as they can give you the best course of action.

As for the $100 fee.  Unfortunatly that is standard with just about any bank.

Did the collection agency sue you in court??