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    happyhawaiian1's Avatar
    happyhawaiian1 Posts: 5, Reputation: 1
    New Member
     
    #1

    Jan 3, 2012, 01:45 PM
    Non-tax federal debt
    I have been garnished 15% of my Social Security Disability Income for the past 3 years now and was wondering if this was legal? I haven't received any statement or balance of this debt since the start.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
    Ultra Member
     
    #2

    Jan 3, 2012, 01:55 PM
    Yes, it is legal. In the case of student loans, they don't even need a judgment. Its certainly not unheard of for a garnishment order to stay in place even after a debt is satisfied because the debtor wasn't proactive and it was simply overlooked. It is your responsibility to keep track of what you and what portion of the debt your garnishment is satisfying each month. You can start with contacting the agency to whom you owe the debt for a current statement of account so you can keep track of it from there.
    happyhawaiian1's Avatar
    happyhawaiian1 Posts: 5, Reputation: 1
    New Member
     
    #3

    Jan 3, 2012, 02:01 PM
    Have you heard of Debt Management Servicing Center in Birmingham AL? Are they a legitimate company that is collecting my garnishment? I did a little checking and they are not even rated by the BBB and have a couple complaints for debt collections. If I have a case of fraud here could I get my payments reimbursed by filing suit?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Jan 3, 2012, 02:08 PM
    A company does not have to join BBB and actually most don't, to join a business has to pay them a fee to be a member. Since the BBB provides little service to a company they see no reason to join.

    Why do you think there is fraud, do you think there is a fraud? Is there no judgemenet against you? Do you not owe them the money?
    happyhawaiian1's Avatar
    happyhawaiian1 Posts: 5, Reputation: 1
    New Member
     
    #5

    Jan 3, 2012, 02:15 PM
    The debt was via a bank loan and I suppose DMSC is the company collecting the debt. I do owe the debt and agreed to pay I just want to know that the debt is really being paid back to the bank I got the loan from. I was partnered with my parents and they have also been getting their SS pay garnished as well... since the garnishment started my mom has passed away so its now just myself, father, and I think my brother having to pay back the debt. It has now as stated been 3 years of payments... and I'm sure the debt should have been paid in full by now... I will now forward a letter to DMSC to get an updated statement on the account.

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