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  • Report: #128138

Report: Bank Of America - Direct Merchant Bank

Reported By: (Thomasville Georgia)

Direct Merchant Bank ripoff Bank Of America They garshiment my disability check I'm disable and this is my only means of living Atlanta, College Park Georgia

... A Question What's the diff between getting a disability check and a regular check

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3Author 3Consumer 0Employee
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Bank Of America - Direct Merchant Bank

1075 Loop Road 1st Floor.com
College Park Georgia 30337
U.S.A.
Phone:  800-432-1000
Web Address:  

Category: Banks


Submitted: Wednesday, January 19, 2005

Last posting: Sunday, March 13, 2005
Bank of America has a garshiment on my disability check. This is my only means of living. They did this on 1-3-2005. I have not been able to pay my bills this month nor buy food. I was born with polio, had my ankle fuse, breast cancer, and my other operations. The very day they put the garshiment on my check I had surgery that morning. I went to them with all of my info. I beg them to release my check. I think they pass your info to others. They didn't even let me know what was about to happen to my account. The bills I had paid online before this happen they pull them back. The automatic pay from my account they would not pay they. All of the late fees are out of hand. Direct Merchant Bank is the one that collections is trying to collect money for. They had a civil suit against them. This is a law firm that is doing this. Can you help me?

Delores
Thomasville, Georgia
U.S.A.



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3Author 3Consumer 0Employee
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#1
Consumer Suggestion
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This may be against the Law!

Melissa - Newport (U.S.A.)

POSTED: Thursday, January 20, 2005
Hi Delores, I too am on SSDI and I had some outstanding medical bills. The collection agencies tried to threaten garnishment until someone mentioned they are not allowed to garnish SSDI. Maybe you dont have SSDI but a private disablity but I would call a lawyer in your area and tell him your situation and see if he is able to give you some free advice. If you cant find a lawyer there should be some form of legal aid available where you live at a family independence agency.

I hope everything works out. Please update on your progress. I know how hard it can be to fight these people they expect you to starve. My problem was waiting for Medicare for 2 years after getting SSDI and in that time I racked up around 40K in bills.

They also threatened to garnish my husband which made me panic till I found out in the state of Mich. that they cannot garnish your spouse for your bills.

Fight these guys if you can otherwise they will get away with it. They have probably violated policy and you could get it where it hurts if you sue them.

Good Luck to you
#2
Update By Author
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Bank of America

Delores - Thomasville (U.S.A.)

POSTED: Wednesday, January 26, 2005
Bank of America still has not release my check. My check is a childhood disability social security check. I have talk to a lawyer. Still waiting on an answer. My home is involved and I was not notified of the judgement against me. The lawyers that did this to me said they did not have to tell me. To me this is not fair.
#3
Consumer Comment
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SS Disability Check Garnished

Brandon - Newnan (U.S.A.)

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.
#4
Update By Author
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POSTED: Saturday, March 12, 2005
I still have not gotten my check from January 2005. I'm a month behind in my bills. I took all the information to the bank but they still would not release my check. They sent all the money to the court in Fulton County. I am looking for a lawyer tah can hrlp me with this. The one that collection my money I want to suit them as well. I am in need of my money to help pay my bills and buy food to eat.
#5
Consumer Comment
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POSTED: Sunday, March 13, 2005
I know I'll hear many comments about this one. What's the diff between getting a disability check and a regular check. The post from the person who had $2,200 in credit card debt and they tried to garnish their check. Your disability didn't prevent you from running up the debt, why should it make you exempt from paying the debt? When it comes to debt liability, why should people with disabilities be any different. The reason I've brought this up is: that if people receiving such checks are found to be "exempt from collections" the banks and credit card companies will start taking such information into account when offering credit to said individuals. So it will go"he's on disability and we won't be able to collect from him in the case of default", NO CREDIT. I don't want MY chances or rates to increase due to someone's not paying what is rightfully owed. WE have enough problems without anyone adding to them.
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