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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a question. I am in Charge-Off status with a creditor

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I have a question. I am in Charge-Off status with a creditor after I made payments to catch up and more on top of that. SSA paid them in April 2017 twice. They sent back one of the checks. When SSA re-sent the check, they cashed it in May 2017 and wrote me as a charge-off. I was caught up and paid more in advance. Then when I asked them for their notices by email, they never responded until this day.
JA: What state are you in? It matters because laws vary by location.
Customer: Florida, but the bank that financed my car is in Alaska.
JA: Has anything been filed or reported?
Customer: To the collection agency as a charge-off, but after they cashed both checks that made it caught up.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Once you paid the loan was reinstated, so even if it was in charge off status, they were paid and thus the loan was active again. IF you have paid more than you owe them, then you can sue to recover the money from them. Also, how could they take your SSA money, since SSA is exempt from seizure or garnishment, if they did take money from your SSA you need an attorney in FL to sue them to recover the money as that money should have been exempt from seizure or garnishment.

The fact a loan is in charge off does not mean someone cannot try to collect on it and if it gets paid, as I said it reinstates the loan, but SSA should not pay that as your SSA is exempt from any type of judgment, so that is why you need a local attorney in FL to sue the creditor.

You can get one at the same site used by other attorneys, http://www.hg.org.

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Customer: replied 28 days ago.
No, they didn't take it as in garnishment. I direct deposited to the account before the 180 days. My account was not re-instated and they told me that they sold my vehicle. They didn't put it as a charge-off until June 2017. I just want my car back or equal value to get another one.

Thank you for your reply.

Well, if you paid them, then you would be entitled to either your car back or refund of your money if you deposited it before the 180 days.

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