SUBMITTED: Friday, February 18, 2005
POSTED: Friday, February 18, 2005
I had the same problem in November 2004. A collection attorney garnished my SS Disability checking account at Bank of America on Loop Road in College Park. My account was garnished and frozen on 11/22/04 but it was released after 7 days and the garnishment was dismissed by the court.
The collection attorney sued me in Coweta County Superior Court and he never got a judgement against me. After 3 months, he went to Fulton County State Court and got a garnishment summons that he served to Bank of America for $2,200.
I wrote a letter to the collection attorney stating that SS Disability benefits are exempt from garnishment and that he was practicing "unfair debt collection" and he garnished my bank account in "bad faith".
I hand delivered a copy to Coweta County Superior Court and a copy to Fulton County State Court and faxed a copy to Bank of America.
That same day Bank of America called Coweta Superior Court and the Court Clerk told them that my case was still pending and no judgment had been issued against me. The collection attorney filed a garnisment dismissal that same day.
Although my garnishment has been dismissed and I did not have to pay the $2,200 old credit card debt, I am now sueing the collection attorney.
I filed a complaint with the FTC (Federal Trade Commission) and they suggested that I sue him in any court.
I'm sueing him for $1075 ($1000 for practicing unfair debt collection and $75 the bank charge to process the garnishment.