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Collections Law/application for hearing on assets

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QUESTION: I live in Oklahoma and lost my job with the County after 22 years of service. I got unemployment for 4 months and then started receiving my Oklahoma Public Employee's Retirement. I was not able to pay on one Credit Card and am being sued. I went to court for summary of judgement and agreed that I owed the money.Now they filed an application for hearing on assets. I called my OPERS (Oklahoma Public Employee's Retirement System) and they told me that in Oklahoma our retirement is exempt from garnishment. My question is: Can they still garnish or freeze my bank account? And if so, what can I do to unfreeze it because the same bank that is suing me, I also make my car payments to. I only receive enough money for my rent, car payment and utilities. I receive food stamps now too.

ANSWER: Unfortunately, yes they can freeze your bank account. My advice to you, if they do freeze it, is to go into the bank and discuss the situation with some one who has the authority to help you.  If they refuse, you can always close the account, open a PayPal account and pay your bills that way.  Important:  be sure you continue to make your car payments. The bank will be on alert and will be watching your loan account closely. I hope I have been able to help and I wish you the best with this situation..

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QUESTION: Thank you so much for your advice. If they freeze my account, I won't be able to make my car payment. Do you think they will then take my car?

Answer
This is a tough question and if I gave and answer, I would be guessing. If they do try to take your car, I again advise you to go to your bank and "throw yourself on their mercy".  In fact, you might want to take preemptive action and go to them before they come to you and explain your situation. Banks are not as evil as some would want you to think. They would much rather work with you than repossess your belongings. Again, I wish you the best with this.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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