Consumer complaint received 2016-06-08
Company: MARINER FINANCE, LLC
State: MD
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Taking/threatening an illegal action
Sub-issue: Attempted to/Collected exempt funds

Complaint:
on XXXX XXXX, XXXX Mariner Finance was awarded a judgment against me. Immediately after they had a writ of garnishment issued against my wife and I 's joint account at XXXX XXXX XXXX. My wife is not a judgment debtor only myself and the account was opened in XXXX ( judgment pursued in XXXX. The judgment was for {$1600.00}, XXXX XXXX XXXX placed the hold for approx. {$2100.00} which was in excess of the amount of the judgment. XXXX XXXX XXXX also held deposits on XXXX/XXXX/XXXX and XXXX/XXXX/XXXX. I contacted Mariner Finance via telephone at XXXX on XXXX/XXXX/XXXX called was placed to XXXX XXXX at Mariner Finance legal department and a message was left on voicemail to return my call. XXXX/XXXX/XXXX XXXX XXXX returned my call at XXXX Explained to me my money was tied up and I could do nothing to get it reversed, I was also told that I " was n't too smart are you? '' XXXX XXXX did give me a number for the local XXXX, MD Mariner Finance office to call.XX/XX/XXXX at XXXX called the XXXX, MD Mariner Finance office and talked to XXXX, XXXX informed me that I would need to tell her the total of all the money in my account and call back. XXXX also asked for my employer 's information and would n't help me until I gave it to her. XXXX/XXXX/XXXX XXXX called XXXX back at XXXX, MD Mariner Finance and gave her the total amount in my Bank account hoping for resolution, XXXX told me she would return my call in a couple of hours to help get a release the funds. XXXX/XXXX/XXXX at XXXX XXXX called XXXX Mariner Finance and asked to speak to XXXX. XXXX informed me I would have to bring {$500.00} in cash to the XXXX, MD office and they would release the funds. At this time I informed XXXX that the account they placed a hold on was a joint account with my wife and they were in violation of Maryland statute 11-603, XXXX responded by telling me to get an attorney to call there attorney. XXXX/XXXX/XXXX XXXX called XXXX XXXX at Mariner Finance legal and informed him Mariner Finance was in violation of Maryland Statute 11-603 by garnishing a joint bank account without my wife being a judgment debtor. XXXX said he had nothing from XXXX XXXX XXXX stating that was a joint account so he would n't be releasing anything. XXXX/XXXX/XXXX attended via telephone a free consultation with a bankruptcy attorney who directed me what district court motion to file to try and get the bank account funds released. Motion was mailed to XXXX XXXX 's district court on XXXX/XXXX/XXXX and was filed with the court on XXXX/XXXX/XXXX. XXXX/XXXX/XXXX XXXX XXXX attorney for Mariner Finance issued a writ of garnishment of wages to be served on my employer. I am the only income for my family. My wife and I have XXXX children from the ages of XXXX months to XXXX years old. I have told Mariner Finance that I am the head of my household and they are tying up money that my family needs to survive. In response Mariner Finance has tied up even more money. They already have my bank account money held up with the courts and now they are trying to take 25 % of my paycheck that we now need all of for basic necessities ( electricity, water, food, medical, gas, insurance, etc. ) in addition to trying to pay an attorney to help us. On XXXX/XXXX/XXXX at XXXX XXXX XXXX XXXX manager XXXX informed me that XXXX XXXX XXXX could not release the funds placed on hold because XXXX XXXX attorney for Mariner Finance submitted the writ of garnishment claiming Mariner Finance was a state agency which made the garnishment in violation of Maryland statute 11-603 legal. Please investigate this claim as perjury to XXXX XXXX 's District court. Mariner Finance is a private institution and not a state agency in any capacity.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation