The "Garnishment" devistated me. It took me a year at my present job to save up that money. I was saving it for a trip to California to visit my family and take my 3 children to Disneyland. I am a single mom who barely makes it each month paying all my bills on time and I rely on the state to assist me with the cost of Child care or else I could not afford to work. They obtained a judgment against me which, at that time, I assumed was bogus back in 2003. I had never heard of Great Seneca and I had never been served with a summons or notice to appear in court, so when I recieved the notice of judgment in the mail one day I disregarded it as hoax, a scare tactic being used by some debt collector.
My mistake for not looking into it but I was busy with three kids and trying to make ends meet. Apearently the debt was originally a credit card I had in college with Aspire visa. My credit limit on the card was only 700.00 dollars which I maxed one day when I needed to pay a some bills I believe. I am not completely certain what I charged on it but I am not a shopper. According to my credit report. my debt with aspire was 975 after intrest was added.
The debt was written off by aspire and it appears was sold to OSI in Feb of 2002, OSI then sold it to Great Seneca on May 7 2003. Who obtained a judgement against me by default on 11/28/2003. When I contacted the Law office of McGavic who is doing Seneca's dirty work, I was told the monies taken were not refundable. I informed them I had never recieved any notice of court procedings that could result in a judgment against me. I was then asked by Deana Sharp "What would you have done had you showed up in court? Would you have denied that the debt was valid?" I answered that I was aware I owed Aspire Visa.
I also asked how the company obtained my informatin to which she bragged about her expertise at finding personal information on people including where they bank, work, live and keep any kind of money. The garnishment document alleges that I owe a total of $2714.23 in origional debt, interest, and court and legal fees. I have made a request for any and all information regarding my debt and how Great Seneca came to "Aquire" it. Kristen Fenny, there compliance lawyer - or so I was told she was- was reluctant to provider the information to me. She said she has never had a request for such information. I told her I am entitled to that information. I was told that she would have Deana issue that paper trail to me. I am still going to send a certified letter to them requesting the documents. I can't let this go.
No matter how small the amount of money seems to others. I worked hard for every penny of it and those bottom feeders took it all without a bit of remorse or concern for how I would pay my bills or even keep my housing and care for my children. They are still threatening to take more money from me. I have to stop them somehow. I would rather pay a lawyer what they took to countersue them for unlawfull debt collection practices or whatever I can sue them for.
I would appreciate any advice on how to deal with this matter. Is there some way to put this company out of business???
U.S.A. EDitor's Suggestions on how to get your money back! HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:
Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.
According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.
If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.
Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent! DO NOT TAKE NO FOR AN ANSWER!
Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.
And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.
Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.
If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form. CHARGES TO YOUR CREDIT CARD
If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.
Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.
And good luck Let us know how you do!
ED Magedson Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
Don't let them get away with it.
Make sure they make the Rip-off Report!
We are not lawyers.
We are not a collection agency.
We are Consumer Advocates. ...the victims' advocate
WE are Civil and Human Rights Activists
We are a Worldwide Consumer Reporting News Agency ...by consumers, for consumers CLICK HERE to read about Credit Card Scams... find out how to get your money back. *Rip-off Report Investigation provides valuable information.