Second Stimulus Check Seized by Debt Collectors? You Have Rights!
On December 29, 2020, the federal government began distributing a second round of stimulus checks of $600 given to U.S. citizens to help deal with the economic downturn caused by the COVID-19 pandemic. Many have already received their check, and those that have not can go to the IRS website to learn of this status of the second check and the related Recovery Rebate Credit.
Already though this much needed relief is being targeted by debt collectors for collection by restraining the bank accounts they are deposited into. If this has happened to you, the restraint could be illegal. The Treasury Department has been clear – these payments are exempt from garnishment. Just like social security and unemployment, Congress intended this money to go to Americans in need, not to debt collectors.
Unfortunately debt collectors, either due to negligence or just plain greed, will restrain or even garnish exempt money. If your second stimulus check has been restrained or garnished, you may have rights under the Fair Debt Collection Practices Act or FDCPA. Our firm was part of the team that won the historic Arias decision at the Second Circuit Court that held that when a debt collector knows they have restrained exempt funds and continue to do so, they violate the FDCPA.
At the Law Office of Ahmad Keshavarz, we have helped many people who had their benefits, money, and wages illegally taken by debt collectors get justice and fair compensation. Prior results do not guarantee a similar outcome. We are committed to making sure COVID-19 relief goes to the people who need, not to line the pockets of debt collectors.
If your second stimulus check has been restrained or garnished, please call (718) 522-7900 to set up a consultation. We represent consumers throughout the New York City area.
