Consumer complaint received 2023-07-09
Company: Silverman Theologou, LLP
State: MD
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
On XX/XX/XXXX, I received an unsealed envelope from a neighbor that stated the envelope was in their mailbox with my name on it. My neighbor lives next door and stated they received it on the same day it was provided to me. The envelope was only secured with small metal wing closures without the envelope glue utilized. The envelope contained a Maryland Request for Writ of Garnishment of Property. Of note, there is a time stamp on the Writ that reads " E-Filed XX/XX/XXXX at XXXX. '' Additionally, on the Request for Service, there is a handwritten issued date of XX/XX/XXXX. Moreover, on the front page of the Writ was my social security number, prominently handwritten just below my name and address. My social security number was underrated. On page # 4 of the documents I received, there is a notice that states " PLEASE DO NOT WRIT SOCIAL SECURITY NUMBERS ON ANY DOCUMENTS TO BE RETURNED TO THE COURT. FEDERAL PRIVACY LAWS PROHIBIT THE INCLUSION OF SOCIAL SECURITY NUMBERS IN THE DISTRICT COURT FILES. '' Despite this warning being clearly listed in bold print on it's own page, my social security number was still displayed. On XX/XX/XXXX, I attempted to use my bank debit card while out of town and was informed that my account had been placed on hold due to a garnishment hold. At the time, I had {$2100.00} in the account. The bank stated they received notice of a garnishment the week of XX/XX/XXXX. 

On XX/XX/XXXX, I contacted the agency Silverman Theologu, LLP, which is working on behalf of XXXX XXXX XXXX XXXX about the Writ. I informed them that I had the right to dispute their initial request but was not afforded the opportunity due to their untimely filings and lack of proper service. The representative, XXXX XXXX, ignored my claim of untimeliness and improper service and stated they had the right to garnishment. I again explained that I was not properly served with notice and that my privacy had been violated as my social security number was listed on court documents. She then transferred me to attorney XXXX XXXX who defended their processing. Once again I complained that my privacy had been violated as my social security number and information was listed on court documents and that the envelope lacked the properly security to protect my private information. He stated that he would speak with my their process service to ensure it does not happen in the future, but provided no remedy for violating my rights. He stated that they were open to working out a payment arrangement and upon agreement, would dismiss the Writ. 

I was then transferred back to XXXX XXXX to work out the arrangements. We agreed on a monthly payment plan however, they demanded the first payment at that moment. I explained that I could not provide the the demanded first payment immediately because of the hold on my bank account. I asked if they could begin the process so that the bank could release the agreed amount directly to them as agreed. They refused to proceed further and stated that without the initial payment, they would not proceed with an agreement nor will they dismiss the Writ. XXXX XXXX stated I should contact my bank to see if they would release the amount of the agreement in order to proceed. 

On XX/XX/XXXX, I contacted my bank ( XXXX XXXX XXXX ) to see if they would release the agreed amount directly to Silverman Theologou as we were attempting to secure an agreement to dismiss the Writ. The representative stated that they could not release any amount nor my account until they received an order to do so from Silverman Theologou. I concluded my call and contacted XXXX XXXX to inform her of their request. She stated that the person in her office that could give that permission in writing was not in and to try back the next day. I contacted her on XX/XX/XXXX and XXXX and was told that the person still did not return to work. I called her again on XX/XX/XXXX. During that conversation, she stated that she consulted with someone in her office and that they would not send a request in writing and would wait for the bank to provide account information, which could take up to 30 days. 

It should also be noted that I have automatic payments, monthly, for this account being paid directly to XXXX XXXX XXXX XXXX since XXXX of XXXX. The most recent payment to XXXX was made on XX/XX/XXXX. When I provided this information to Silverman Theologou, they stated that any payment should be made to them, not XXXX. When asked if they coordinate with records of payments, they stated they do but still had the right to garnish wages. 

This obviously made me extremely frustrated as my bank account is my primary source of income as the funds deposited are exempted by law, from garnishments. Silverman Theologou violated my privacy rights by exposing my personal information, failed to properly process the Writ, and failed to serve the Writ in accordance with MD rules. Moreover, they have disregarded payments being made to XXXX directly and still improperly obtained a garnishment writ. I find it inappropriate to pursue garnishment when payments are still being made on this account. There appears to be a lack of coordination between XXXX and Silverman.

Company response to consumer: Closed with explanation