How can I stop garnishments from my retirement pension and social security?: I’m 70 yrs old and discover bank garnishing my city pension and social security from my bank account. I’m on a fixed low income living in reduced section 8 housing. Full time I take care of my adult mentally disabled son. I’m told they can take my money because it’s not a federal pension. I don’t have the funds to file bankruptcy and don’t know what to do. Approximately every month they and other creditors taking me to court and daily calling my home threatening/ed me. I entered alone and confused not knowing what to do. I kept being told by downtown free advisors not to worry they can’t sue/touch your money. But they are being allowed to withdraw money that’s creates a hardship for me and my son. My apartment is in the hard of a dangerous gang zone. I’m doing the best I can but need someone to help me.
Ahmad’s answer: Good Morning. I hope you are well. I am so sorry you are going through this. If they are garnishing your social security, that is not allowed. Period. If it is a third party debt collector, that is a violation of federal law. Whoever is calling your cell phone could be told to stop harassing you and to communicate in writing. Failure to do so is another violation of federal law. Please, please, please call an attorney. The attorneys who serve in this role of debtor rights do not charge you as they collect from your adversaries upon success. Please reach out to an attorney ASAP. You can search Fair Debt Collection Practices Act attorneys or run a search on google or AVVO. Your not alone. Please read the reviews of the attorneys first and then decide.
How can I resolve a Chargeoff (of $7.60) on my credit report when it's the Bank fault and yet they are not willing to?: After 10yrs Citibank decided to close my accounts without any reason or prior warning in April 2018, and took away online access. I received no statements in mail, directly a collections call in late May 2018 at which point I paid off my full remaining bal of $768 (including $25 fees + 8.xx interest) . Now, in May 2019 (1 yr later) I am applying for mortgage and find out that there has been a Chargeoff on my a/c from Citibank, and after 7 calls, 2 faxes, 1 branch visit, and 1 BBB complaint I am not getting any help. First they refused to send statements, but after BBB i was able to get those, and found that they charged an interest of $4.10, a week after I paid off my balance in full, and then added $0.50 interest charge ever subsequent month, then finally wrote off a $7.6 charge in Feb 2019 and reported as a Chargeoff on my account. I've tried to just Pay them but they won't accept payment. I was never informed of any balance or rcvd any statements in mail. I am being denied a mortgage of over 1MM due to this and have to come up with 30% down so my loan amount remains under 1MM, all because of their 7$ screw up. This is beyond frustrating, Should I sue them ?
Ahmad’s answer: Unfortunately we deal with this all the time. They know what they are doing. We recently had a case similar to this in that a fee was charged after the closure of the account. Hence, no statements were ever received. First client heard about it was when collection agency called months later and nearly 100 points lost on credit score. Consider sending in a detailed dispute or having an attorney review the matter first. These matters do not resolve quickly but you have actual damages so it is worth having reviewed by an attorney with experience with the Fair Credit Reporting Act. Have a good evening and sorry this has occurred.
Do I need a lawyer for a summons on a debt collection from another state?: We were recent served a summons from an old debt from another state. There were charges that were added that were not true. My husband called the collection agency and was told we had to pay them or go to the hearing. We then agreed to pay them back at $200 per month. I get the repayment agreement and there is another $1000 in fees added on. We have not signed this yet and need help.
Ahmad’s answer: It is important you contact an experienced consumer attorney as soon as possible. If a case was filed against you in a jurisdiction where you do not live, and barring any special language in your original agreement, this may be illegal. Have a good day.