Protected Funds: Amy’s Fight in Texas

Protected Funds: Amy’s Fight in Texas

Update: 2025-10-11
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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/

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Protected Funds: Amy’s Fight in Texas

Protected Funds: Amy’s Fight in Texas

McCarthy Hatch