ITGeek Posted April 6, 2019 Author Posted April 6, 2019 Thank you everyone for your support and advice. I did contact the collection agency twice (Aug and Oct 2018) in response to their demand payment letters. I used the SS form letter from their web site to notify the collection agency my only income is SS, which is exempt from collection, wage garnishment or freezing bank account (none of the exemptions apply). They ignored it and filed a lawsuit against me in the San Francisco Superior Court. I don't know why they would do that after I responded to them twice with the SSA's own form letter. Yet they still filed a case, which is currently at the "Proof of Service" phase. Since they don't know I'm a foreign resident (3 years now), they have to follow Geneva law process for serving papers. They have until May 28th to show the court "Proof of Service", then they could petition judge to post notice in local newspaper or in the courthouse. I don't want to change anything, but if they file the latter, then I must respond to the court summons. So it's something I can't ignore and it will go away. Last thing I want is my US bank account frozen. In my last response letter to the collection agency, I also showed them proof my only income is SS and to cease and desist any further action or I'd be forced to file a counter-suit against them. I'll just have to keep checking the court case status and go from there. If petitioner is granted "Public Notice of Summons", then I'll have to respond to the court and will notify them of my status and hopefully they will drop the case. Believe me, changing my Direct Deposit to BDO is the last thing I want to do. I haven't contacted collection agency since my last response in Oct 2018, but yet they filed suit against me in Nov 2018. That is just harassment and them being a law firm should know better. If it comes to it, I'll file complaint with State of California Consumer Affair and State Bar against the attorney. They should know better. I'll keep you updated, until then, I'm keeping my fingers crossed they figure out it's not worth their effort and money trying to squeeze blood out of a rock. 1 Link to comment Share on other sites More sharing options...
Ram1957 Posted April 6, 2019 Posted April 6, 2019 1 hour ago, ITGeek said: Thank you everyone for your support and advice. I did contact the collection agency twice (Aug and Oct 2018) in response to their demand payment letters. I used the SS form letter from their web site to notify the collection agency my only income is SS, which is exempt from collection, wage garnishment or freezing bank account (none of the exemptions apply). They ignored it and filed a lawsuit against me in the San Francisco Superior Court. I don't know why they would do that after I responded to them twice with the SSA's own form letter. Yet they still filed a case, which is currently at the "Proof of Service" phase. Since they don't know I'm a foreign resident (3 years now), they have to follow Geneva law process for serving papers. They have until May 28th to show the court "Proof of Service", then they could petition judge to post notice in local newspaper or in the courthouse. I don't want to change anything, but if they file the latter, then I must respond to the court summons. So it's something I can't ignore and it will go away. Last thing I want is my US bank account frozen. In my last response letter to the collection agency, I also showed them proof my only income is SS and to cease and desist any further action or I'd be forced to file a counter-suit against them. I'll just have to keep checking the court case status and go from there. If petitioner is granted "Public Notice of Summons", then I'll have to respond to the court and will notify them of my status and hopefully they will drop the case. Believe me, changing my Direct Deposit to BDO is the last thing I want to do. I haven't contacted collection agency since my last response in Oct 2018, but yet they filed suit against me in Nov 2018. That is just harassment and them being a law firm should know better. If it comes to it, I'll file complaint with State of California Consumer Affair and State Bar against the attorney. They should know better. I'll keep you updated, until then, I'm keeping my fingers crossed they figure out it's not worth their effort and money trying to squeeze blood out of a rock. I was in the same position as you. Ignored the clowns. Never went to court, Judge ruled that their collection of Social Security was unlawful and dismissed case. The lawyer that is handling this case is a complete idiot and I'm sure the Judge will agree. As for putting your money in a Philippine Bank remember they don't have to follow US Law. Don't worry about it. 3 Link to comment Share on other sites More sharing options...
intrepid Posted April 7, 2019 Posted April 7, 2019 7 hours ago, OnMyWay said: I don't think passbook accounts are designed for online access. We had closed our BPI accounts except a dollar passbook account. Although we do not use for online banking, we do have access online to keep tabs on it. 2 Link to comment Share on other sites More sharing options...
OnMyWay Posted April 7, 2019 Posted April 7, 2019 1 hour ago, intrepid said: We had closed our BPI accounts except a dollar passbook account. Although we do not use for online banking, we do have access online to keep tabs on it. That is all we want, online access to check the deposits. I think it has something to do with the account being a custodial account. 2 Link to comment Share on other sites More sharing options...
Jollygoodfellow Posted April 7, 2019 Posted April 7, 2019 7 hours ago, ITGeek said: That is just harassment and them being a law firm should know better. If it comes to it, I'll file complaint with State of California Consumer Affair and State Bar against the attorney. They should know better. They are just playing the game to scare you into paying.. 4 1 Link to comment Share on other sites More sharing options...
Arizona Kid Posted April 7, 2019 Posted April 7, 2019 5 hours ago, Jollygoodfellow said: They are just playing the game to scare you into paying.. I don't remember where I heard this piece of advice but it seems to be true. 99% of the things that you worry about never happen! 2 Link to comment Share on other sites More sharing options...
Kanoguy Posted April 7, 2019 Posted April 7, 2019 My suggestion is that you open up a Charles Schwab account online and have your Social Security Direct Deposit transferred to your new Charles Schwab account. You don't have to go to the US in order to open the account. You can do it all online from here in the Philippines, but you have to have a US mailing address and US phone number. Link to comment Share on other sites More sharing options...
hk blues Posted April 8, 2019 Posted April 8, 2019 18 hours ago, Arizona Kid said: I don't remember where I heard this piece of advice but it seems to be true. 99% of the things that you worry about never happen! I suspect that's true - if only we knew which 1% to worry about! 1 Link to comment Share on other sites More sharing options...
Jack Peterson Posted April 8, 2019 Posted April 8, 2019 2 minutes ago, hk blues said: I suspect that's true - if only we knew which 1% to worry about! My 1%, say no more 2 1 Link to comment Share on other sites More sharing options...
roddavis Posted April 8, 2019 Posted April 8, 2019 23 hours ago, Jollygoodfellow said: That is just harassment and them being a law firm should know better. If it comes to it, I'll file complaint with State of California Consumer Affair and State Bar against the attorney. They should know better. Have had similar problems with California for back taxes and such with bank accounts frozen, penalties paid then the bank charges $75 on top of all the money they can get. It is true that is you just get SS deposits only, they can't touch the account. The problem is you are dealing with California. If you bank account is in California, CA get pretty aggressive. The trick is to have a Bank account that is not based in California. You could get a national account(BofA, Wells Fargo..etc) but they have offices in California, so that they can still dink with your account. You have to have an account that does not have extensions in CA. I have USAA , a federal account that CA cannot touch( or Credit Unions anywhere outside Calif) seem to work. They can only check banks in California! So the legal issues you have a California based charges. If you live outside of CA, and your bank account is outside CA, there is nothing they can do! Now if it is FEderal(IRS, Student loan, child support..etc) then all bets are off. Even if just getting SS deposits, the IRS can and will withhold up to 15% of your SS payment. Link to comment Share on other sites More sharing options...
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