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  • Report:  #230850

Complaint Review: Erin Capitol Management

Erin Capitol Management seized my bank accts with out court order and took almost 6k total bill was 1279.00 will not return my phone calls or put monies they over drew back manhattan New York

  • Reported By:
    buffalo New York
  • Submitted:
    Tue, January 16, 2007
  • Updated:
    Wed, January 17, 2007
  • Erin Capitol Management
    Manhattan, New York
    U.S.A.
  • Phone:
    212-660-3100
  • Category:

i do owe the the sum of 1279.00 to United Consumer financial Services. when i last talked to a collection person,i had told her i was not working and was approved for social security disability and was unable to send a payment at that time.

i did not recieve any further calls i did not recieve notice that erin capitol management intended to seize my checking acct and my husbands pension acct. they will not return my calls they took almost 6k .bill was only 1279 . my husbands pension is used only for the deposit of his pension check

Mary lou
buffalo, New York
U.S.A.

1 Updates & Rebuttals


P

Dallas,
Texas,
U.S.A.

YOUR SOCIAL SECURITY DISABILITY PAYMENTS AND ANYTHING PURCHASED WITH THAT MONEY CANNOT BE ATTACHED

#2Consumer Suggestion

Tue, January 16, 2007

First the collection agency probably has tacked on a substantial amount to the debt they purchased. I would not be so quick to agree to that amount ....

If ANY of that money was from social security go to legal aid NOW because under the law listed below - they can't touch social security benefits

Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment.
42 USC 407(a) states: "In general the right of any person to any future payment under this subchapter shall not be transferable or assignable . . . and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

This means that even if a creditor or debt collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment.

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