Print this page 
|
Dearborn Federal Credit Union Regularly Garnish Federal Social Security & Federal Student Loans that are EXEMPT from garnishment
By:
KHG from SE Michigan
On: 2008-03-25 Fight back and win! Be a victor instead of a victim of DEARBORN FED CREDIT UNION PREDITORY COLLECTION PRACTICES/HARRASSMENT BY GARNISHING FED SOC SEC & Student loans PROHIBITED BY FED LAW & FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) leaving me destitute. Federal Social Security Laws governing garnishment (20 CFR 404.970) state SSD is exempt from garnishment; Federal Laws governing Federal Student Loans (USCC, 20, Subchapter IV, Part F, §1095a) state d) No attachment of Fed Student Assistance 2001-2004 Lost job Paid bills, ran out of income, Rcv’d financial aid for grad school; became ill; filed/recv’d SSD; Owed DBFCU $8k; paid 'til $ ran out; DBFCU negotiations failed 08/04 Judgment filed by collections atty Wilbur Brucker 01/05 GARNISHED entire social security monies from checking account by Brucker leaving zero in bank account & bounced check fees 01/05 I met with DBFCU Collection Mgr, Marino Guidi, about garnishment; stating “no refunds” despite proof of SSD and Fed Student Loan. Guidi said I must pay $5k; finally he said he’d keep $2k (extortion) against my will (illegal action). 02/05 Garnishment reversed - DBFCU kept $2k. 05/05 Garnishment filed 5/05 Ms. Greenwald - called Mr. Wilbur Brucker and informed him that I would file a grievance against him in the Michigan Bar Attorney Ethics Committee. 07/05 Garnishment Reversed However, no costs or bounced check fees were granted to me. DBFCU assigned debt collection to Peter Rogissart Esq. Livonia, MI 06/05 Judgment Lien/ordered creditor’s exam 06/05 Contacted Wayne County Legal Aid & Defender, Mr. Benjamine told Rogissart about SSD; provided bank, SSD, Fed Student Loan statements; 06/06 Debt Exam Cancelled. 11/06 Garnished Income Tax; 05/07 Reversed 03/07 Garnished Income Tax; 09/07 Reversed 10/07 Garnished Income Tax; 02/08 Reversed Filed complaints against DBFCU and Rogissart in Federal under FDCPA – DBFCU settled for $600 out of court. Rogissart filed 4th garnishment/will not settle. Requested formal investigation by the National Credit Union Assn; Ltr sent to DBFCU Supervisory Committee Chairperson, Wm. Furtwangler, & Chairman, Dr. Chapman (self-governance); and MI Atty Grievance Commission Do not allow banks to garnish social security or federal student loan monies -- it is illegal. According to Katie Kuehner-Hebert’s article Who Determines Whether A Deposit Can Be Garnished? American Banker Magazine. Federal law says creditors can't take Social Security and Veteran's benefits to pay debts. Yet the practice is widespread. There is no established process for enforcing the federal prohibition. You have to be your own advocate. Be the victor and not the victim. You will be stronger for it. |
