Cohen And Slamowitz Seized checking acct. lawyers Illegally holding SS Check. Making checks bounce they have violated the Fair Debt Collection Practices Act Woodbury, NY New York
Above mentioned pretend to be lawyers.Used another firm to levy my account and get a court order, that I wasnt notified about.,and are holding my SS check.Original bill was $800.Amount on levy $4200.00.
I have found that they have violated the Fair Debt Collection Practices Act.
They are functioning illegal.I have Faxed allmy information.They do not return fone calls.
Having illegally seized my account, I cant pay my Gas and Electric,or other bills that I pay from my $584.00 SS check.
they are shown on the internet for several violations, class action suits, and their scam type,illegal actions.
Atrib
ROCHESTER, New York
U.S.A.
2 Updates & Rebuttals
Robert
Buffalo,New York,
U.S.A.
The rub!
#3Consumer Suggestion
Fri, December 07, 2007
""The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act only as long as they are identifiable as Social Security benefits. This applies to money in a bank account where the only payments into the account are from direct deposit of Social Security benefits.
NOTE: Supplemental Security Income payments cannot be levied or garnished.""
This is the rub. The OP will have to approach the court that granted the levy against the bank account to have the levy released or MODIFIED so that the SS payment remains.
This will be a bit problematic IF OTHER deposits from other sources were made to the account. The OP should immediately contact the clerk of the court that granted the levy to have it lifted and to petition the court for an adjustment or abatement of the levy.
Terry
Rochester,New York,
U.S.A.
Send a demand letter o lift freeze and cite the law by RRR Certified mail .
#3Consumer Suggestion
Fri, December 07, 2007
Send a demand to the Attornys , and take a copy to the bank .
Also , call your congress person's office .
Can Social Security benefits be garnished to pay a debt? Answer
Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:
Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be garnished to collect unpaid Federal taxes;
Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.
The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act only as long as they are identifiable as Social Security benefits. This applies to money in a bank account where the only payments into the account are from direct deposit of Social Security benefits.
NOTE: Supplemental Security Income payments cannot be levied or garnished.