Quick Answer: Cohen McNeile & Pappas faced a CFPB complaint for continuing garnishment after a judge ruled the debt uncollectable due to statute of limitations. The company provided a timely response and closed the case with explanation, though the consumer’s exempt status was ultimately upheld by the court.
Date Received: 2018-10-03T00:00:00
Product: Credit card debt
Issue: Attempts to collect debt not owed
Every weekday I read the enforcement actions, filings and fine print the outlets skip, and turn them into the one or two moves that actually improve your position — a rate worth moving for, a fee you can refuse, a deadline to beat before it costs you.
In the latest issue (Sep 18): The pitch always started with “this isn’t one of those pyramid things — the government looked at Amway in 1979”
I write Your Money Actually most weekdays — actionable money information you will not find anywhere else, and the small decisions that compound. It is free, I sell nothing, and I take no money from any company I write about.
Consumer Consent Provided to Share Complaint: Consent provided
The Daily Money Brief — Free, at 10 AM
Money you may be owed, scams to dodge, and the fine print decoded — the consumer money news that affects your wallet, every weekday.
Consumer Complaint: I received a garnishment against my social security XXXX from my banking institution, I applied for exempt from the debt due to the only income I have is from social security XXXX and the time frame to collect on the debt is pass the statue of limitation. The attorney initially denied the exempt. I went to court and the judge ruled in my favor that the debt was no longer collectable due to the statue of limitation and also allowed me the exempt on the debt due to my income only being from social security XXXX. The attorney refused to take the garnishment off of my bank account, which is causing me to accruing fees due to the fraudulent attempt of collecting.
Company: Cohen McNeile & Pappas, PC
State/Zip: MO 63135
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 3036848
The above data is from the Consumer Financial Protection Bureau. Keep in mind that every company will get a complaint from time-to-time, even the great ones. But there are a few key data points that will give you an idea about how well the company values their customers and handles consumer issues.
Look at the item Company Response to Complaint: and Did Consumer Dispute Company Response: to get a better idea of how this was resolved. And the field Consumer Complaint: can give you some context of the issue.
In particular what you are looking for was that the company response was timely and that the consumer did not dispute it. The posting of complaints has proven to be a valuable resource for both companies and consumers.
Know Your Rights: If a debt collector is contacting you, you have legal protections. See the complete list of FDCPA violations collectors commit most often. Use the free Debt Validation Letter Generator to demand proof of the debt, or check this collector’s complaint history with the Scam-O-Meter.
Dealing With Debt? Before you pay a collector, understand all your debt relief options — including ones the collector won’t tell you about. If the debt feels unmanageable, take the 2-minute bankruptcy quiz to see if the math favors a fresh start. Federal Reserve research shows filers recover faster than those who don’t file.