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-   -   Collection company not abiding by the laws for SSI people (https://www.askmehelpdesk.com/showthread.php?t=391450)

  • Aug 28, 2009, 03:39 PM
    RPFoster
    Collection company not abiding by the laws for SSI people
    Hi,
    I have a company that even with proof that I am on social security and sent the check copies faxed to their office number,
    By the bank clerk which did the faxing for me. And the clerk even went a bit further by even sending copies of deposit slips via fax as well,
    With the bank info stated.
    The collection company said they will not release account.
    I called them and complained that I am on SSI and they have frozen my account and I have sent them proof.
    They in turn have told me, "tuff luck" they are not releasing the account.

    I then informed them they are violating my rights and also breaking the law.
    They then said if I want to the money, to come and get it.
    That I will not see the day of having my money.
    And that they can do what ever they want, and the court will side with them.

    My account is completely frozen and I now can not pay my rent or bills this month and coming months due to this.

    I want to file a lawsuit against this company for a LARGE amount, for violating my rights.

    The bank has sent all proofs that I am on SSI and SSI checks are being deposited into my account.

    They did this twice for the same company for the same amount.
    Once in 2006 and now.
    I was informed by SSI that the collector (agency) is double dipping and not following the laws in the state of NY.
    The bank has informed SSI of the actions the clerk has taken to prove that they sent to copies of checks to the collector.
    But still the collector will not release my account.

    I am in need of a attorney, because I now want to file a criminal and civil lawsuit, and if possible a federal lawsuit against this company.
    For violating my rights under ( 42 USC 407 a ).

    If anyone knows of a attorney that can help,

    Please let me know, as I am in need really bad.
    They have no right to do this to me, after I sent proof.

    I even sent the reward letter when I first went on SSI.
    And still they said they are keeping the money and will not release the account.

    The bank has informed me, they can no longer take any further steps,
    And I will have to take them to court and file for a lawsuit against them.


    I need help please.
    I am based in Brooklyn.

    I now do not want to talk with the collectors any longer,
    I WANT TO GO TO COURT in front of a judge and suit the collection agency for violating my rights.


    Please post a attorney name and number and address,
    So I may call them for help.



    Thank you
  • Aug 28, 2009, 06:06 PM
    ScottGem
    Quote:

    Originally Posted by RPFoster View Post

    I now do not want to talk with the collectors any longer,
    I WANT TO GO TO COURT in front of a judge and suit the collection agency for violating my rights.

    Why were you going to the collectors in the first place? The helpful bank clerk shouldn't have been faxing anything to the collectors, they should have been faxing the court. You should have gone immediately to the court and filed a motion to vacate the writ of execution on the grounds that only exempt funds were deposited in that account.

    You should be in court first thing Monday morning with the copies the bank gave you.

    After you leave the court go immediately to the State AG's office. Cuomo has little patience for out of control collectors like this. I'm sure you can get help from them.

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