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Episode Summary
Amy — a retired Texas teacher living on a fixed income — whose protected retirement funds were swept from her bank account to satisfy an old, likely time-barred credit-card judgment. By filing a detailed complaint with the CFPB and notifying both the collector and the bank that the funds were protected under Texas law, Amy triggered a reversal and got her money back. The episode explores why precision in language matters, what ‘protected funds’ and ‘time-barred debt’ mean, how responses differ between banks and collectors, and the broader, compounding costs of consumer-financial abuse on older Americans.
Key Topics
- Protected funds and Texas anti-garnishment protections
- Time-barred debt and judgment enforcement
- How to file an effective CFPB complaint (what to say, who to notify)
- Bank vs. debt-collector obligations and typical responses
- The hidden tax of junk fees, high-risk interest, and remediation costs on fixed-income seniors
Practical Takeaways
- Name the money source explicitly (e.g., Texas teachers’ retirement) and state it is protected under state law.
- File a CFPB complaint and share it with both the collector and the bank, in writing.
- Keep records: dates, amounts, messages, and call notes help accelerate resolution.
- Older Americans on fixed incomes are disproportionately harmed by junk fees and predatory products.
- Policy matters: clear rules and enforcement protect households long before a crisis does.
Resources Mentioned
- Consumer Financial Protection Bureau — Complaint Portal (file and track complaints)
- Your state’s exemptions chart (review protections for wages, retirement, and benefits)
- Legal aid organizations for debt-collection and garnishment issues
- Bank account ‘benefits-only’ direct-deposit settings and alerts
More from Jim:
LinkedIn: https://www.linkedin.com/in/mccarthyhatch/
https://www.mccarthy-hatch.com/
