• Report: #249043

Complaint Review: Eltman Eltman & Cooper,

  • Submitted: Thu, May 17, 2007
  • Updated: Tue, June 09, 2009

  • Reported By:Brooklyn New York
Eltman Eltman & Cooper,
140 Broadway, 26th Floor New York, New York U.S.A.

Eltman Eltman & Cooper, Unlawfull freeze of my bank accounts which only holds Social Security Money New York New York

*Consumer Suggestion: don't take it

*Consumer Comment: Small Claims or Criminal court

*Consumer Suggestion: nope

*Consumer Suggestion: ALSO HAVE YOUR ATTORNEY GET THE JUDGEMENT VACATED ....

*Consumer Suggestion: YOUR SOCIAL SECURITY BENEFITS ARE PROTECTED BY LAW .... CLOSE THAT ACCOUNT AND GO TO ANOTHER BANK .... GET AN ATTORNEY AND SUE THE HECK OUT OF THEM ..

*Consumer Comment: Those scumbags did the same thing to me

*Author of original report: Eltman Eltman & Cooper, PC Unlawful freeze of my bank accounts which only holds Social Security Money New York New York

*Author of original report: Eltman Eltman & Cooper, PC Unlawful freeze of my bank accounts which only holds Social Security Money New York New York

*Author of original report: Eltman Eltman & Cooper, PC Unlawful freeze of my bank accounts which only holds Social Security Money New York New York

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Unbenounced to me that on 3/22/2004 Eltman Eltman & Cooper, PC took me to court and won a judgment against me (I was not even there). However, I never received any such letter or certified mail saying that I was being sued so I could show that I was only receiving SSD and that I was and am sick. I found out when I went to get some of my Social Security money from the bank and found out that they

Edward m
Brooklyn, New York
U.S.A.

This report was posted on Ripoff Report on 05/17/2007 10:55 AM and is a permanent record located here: http://www.ripoffreport.com/r/Eltman-Eltman-Cooper/New-York-New-York-10005/Eltman-Eltman-Cooper-Unlawfull-freeze-of-my-bank-accounts-which-only-holds-Social-Secur-249043. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Consumer Suggestion

don't take it

AUTHOR: Eltmancrap - (U.S.A.)

Via law that money can't be taken from someone's account. You will have to go to small claims court in the city, or for an additional free from where you live, and sue them. They most likely won' t show up and commit perjury. You will have to prove your case, to win a judgement.Let us know what happends!!
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#2 Consumer Comment

Small Claims or Criminal court

AUTHOR: Eltmancrap - (U.S.A.)

I have won against them in court, that money can;t be taken, any judge will find in your favor.
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#3 Consumer Suggestion

nope

AUTHOR: K - (U.S.A.)

Every bank account is attachable. It is up to the debtor to prove that their SSI is deposited to this account and therefore unattachable.
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#4 Consumer Suggestion

ALSO HAVE YOUR ATTORNEY GET THE JUDGEMENT VACATED ....

AUTHOR: P - (U.S.A.)

.
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#5 Consumer Suggestion

YOUR SOCIAL SECURITY BENEFITS ARE PROTECTED BY LAW .... CLOSE THAT ACCOUNT AND GO TO ANOTHER BANK .... GET AN ATTORNEY AND SUE THE HECK OUT OF THEM ..

AUTHOR: P - (U.S.A.)

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 a 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

If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter. While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt from garnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection
agency
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#6 Consumer Comment

Those scumbags did the same thing to me

AUTHOR: Suzanne - (U.S.A.)

Those scumbags did the same thing to me. I had an account at BofA and those bastards froze my checking account because of a 20 year old debt owed to Discover Card which I refuse to pay. Do not deal with these crooks they are maniacs. I since wrote them a cease and desist letter and they still ignore it and wrote me again. I have asked these crooks never to contact me again and they don't listen all they want is your money. Because of statute limitations they can no longer collect on this old account. There must be a class action lawsuit filed against this corrupt company this type of illegal shady scamming is not to be tolerated!!!
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#7 Author of original report

Eltman Eltman & Cooper, PC Unlawful freeze of my bank accounts which only holds Social Security Money New York New York

AUTHOR: Edward m - (U.S.A.)

Unbenounced to me that on 3/22/2004 Eltman Eltman & Cooper, PC took me to court and won a judgment against me (I was not even there). However, I never received any such letter or certified mail saying that I was being sued so I could show that I was only receiving SSD and that I was and am sick. I found out when I went to get some of my Social Security money from the bank and found out that they had frozen my account. (How can they do this?) I was never told about any court date or anything pertaining to the court system of New York or Eltman Eltman & Cooper, PC.

Anyway, I went to GMHC which provided me with free legal services in May 2005 and it took them awhile but my lawyer spoke to them on the phone after giving those 3 months of bank statements and my SSD award letter and they acknowledged that the accounts cannot be liened and they will not do anything.

Well they did it again in July 2006 went through the same process giving them 3 months of bank statements and my SSD award letter and they did it again last month April 2007 and I gave them 3 months of bank statements and my SSD award letter and they still have not release my account this time it has been over a month now. I called Chase bank I they where very rude and did not seem to care anything about the law, neither does Eltman Eltman & Cooper, PC.

Please, I need help. I am very sick now and this is making my illness worse. I feel as low as I never thought I would feel. I wonder how the lawyers at Eltman Eltman & Cooper, PC would feel if they were in my shoes. I cannot even afford to feed my dog which I have had for five years.

I have given them numerous documents concerning my health (16 months of chemo and other illnesses) and they berated me on the phone. I want them to pay for what they have and am putting me through.

CAN I SUE THEM FOR HARASSMENT AND UNLAWFUL JUDGMENT? IF SO WHO CAN I CALL?
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#8 Author of original report

Eltman Eltman & Cooper, PC Unlawful freeze of my bank accounts which only holds Social Security Money New York New York

AUTHOR: Edward m - (U.S.A.)

Unbenounced to me that on 3/22/2004 Eltman Eltman & Cooper, PC took me to court and won a judgment against me (I was not even there). However, I never received any such letter or certified mail saying that I was being sued so I could show that I was only receiving SSD and that I was and am sick. I found out when I went to get some of my Social Security money from the bank and found out that they had frozen my account. (How can they do this?) I was never told about any court date or anything pertaining to the court system of New York or Eltman Eltman & Cooper, PC.

Anyway, I went to GMHC which provided me with free legal services in May 2005 and it took them awhile but my lawyer spoke to them on the phone after giving those 3 months of bank statements and my SSD award letter and they acknowledged that the accounts cannot be liened and they will not do anything.

Well they did it again in July 2006 went through the same process giving them 3 months of bank statements and my SSD award letter and they did it again last month April 2007 and I gave them 3 months of bank statements and my SSD award letter and they still have not release my account this time it has been over a month now. I called Chase bank I they where very rude and did not seem to care anything about the law, neither does Eltman Eltman & Cooper, PC.

Please, I need help. I am very sick now and this is making my illness worse. I feel as low as I never thought I would feel. I wonder how the lawyers at Eltman Eltman & Cooper, PC would feel if they were in my shoes. I cannot even afford to feed my dog which I have had for five years.

I have given them numerous documents concerning my health (16 months of chemo and other illnesses) and they berated me on the phone. I want them to pay for what they have and am putting me through.

CAN I SUE THEM FOR HARASSMENT AND UNLAWFUL JUDGMENT? IF SO WHO CAN I CALL?
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#9 Author of original report

Eltman Eltman & Cooper, PC Unlawful freeze of my bank accounts which only holds Social Security Money New York New York

AUTHOR: Edward m - (U.S.A.)

Unbenounced to me that on 3/22/2004 Eltman Eltman & Cooper, PC took me to court and won a judgment against me (I was not even there). However, I never received any such letter or certified mail saying that I was being sued so I could show that I was only receiving SSD and that I was and am sick. I found out when I went to get some of my Social Security money from the bank and found out that they had frozen my account. (How can they do this?) I was never told about any court date or anything pertaining to the court system of New York or Eltman Eltman & Cooper, PC.

Anyway, I went to GMHC which provided me with free legal services in May 2005 and it took them awhile but my lawyer spoke to them on the phone after giving those 3 months of bank statements and my SSD award letter and they acknowledged that the accounts cannot be liened and they will not do anything.

Well they did it again in July 2006 went through the same process giving them 3 months of bank statements and my SSD award letter and they did it again last month April 2007 and I gave them 3 months of bank statements and my SSD award letter and they still have not release my account this time it has been over a month now. I called Chase bank I they where very rude and did not seem to care anything about the law, neither does Eltman Eltman & Cooper, PC.

Please, I need help. I am very sick now and this is making my illness worse. I feel as low as I never thought I would feel. I wonder how the lawyers at Eltman Eltman & Cooper, PC would feel if they were in my shoes. I cannot even afford to feed my dog which I have had for five years.

I have given them numerous documents concerning my health (16 months of chemo and other illnesses) and they berated me on the phone. I want them to pay for what they have and am putting me through.

CAN I SUE THEM FOR HARASSMENT AND UNLAWFUL JUDGMENT? IF SO WHO CAN I CALL?
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