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Report: #410578

Complaint Review: Derrick E Mcgavic Lawyer - Eugenr Oregon

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  • Reported By: salem Oregon
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  • Derrick E Mcgavic Lawyer 1666w 12th Ave Eugenr, Oregon U.S.A.

Derrick E Mcgavic Lawyer garnished my account without my permission Eugenr Oregon

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i had filed for bankruptcy and i was paying off my lawyer, and i wrote a check for his final payment and i didnt know untill the next day when i looked at my account online that the creditor garnished my account without my permission. im also on ssi so i thought by law they couldnt do that. now im stressing for i dont have any money in my account to pay my lawyer.

also i was told that i couldnt close my account because of the garnishment so i cant do anything untill monday.. but all this creditor was doing was harssing me, so i wasent answering the phone. they knew i was filing for my lawyer talked to them last year.. so now because of them i have to make other arrangments for my ssi payments

salem, Oregon

This report was posted on Ripoff Report on 01/10/2009 06:23 PM and is a permanent record located here: 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment


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

POSTED: Saturday, January 10, 2009

Did your lawyer actually file your Bankruptcy with the court, or were they waiting until you finished paying them?

If he had actually filed and they attached your account AFTER that, it should be very simple for your lawyer to get the attachment lifted. You may also have grounds to have penalties assessed against that company. If you have not actually filed Bankruptcy there are no court ordered stays in place and the attachment is valid if they had a valid judgment. With a valid judgment they don't need your permission to attach your bank account.

But you have a second issue with SSI. You are correct that your SSI can not be touched. If this is your only source of income again you should be able to get the attachment lifted pretty simply. But if you mix your account that has the SSI with other income, you have to prove that the money they took was from SSI. Which is why if you do have SSI you need to keep that account totally separate and your bank should have additional forms to fill out that states it is SSI.

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