Hello - I'm new here. I'm being hounded by a collection agency called RSI, Receivable Specialists, Inc. out of Tamarac Florida. These people have violated nearly every section of the FDCPA in the 4 weeks they've been contacting me and I wonder if anyone here has experience dealing with them. They contacted me by phone for weeks before they ever sent anything in writing. On the phone, their representatives are abusive and have stated that they have processed paperwork to garnish my pay (my payroll office says they have never heard from or of this company). I would like to hear from anyone who is familiar with this company. Thank you!
And you've been documenting these violations? Maybe you've been recording their calls? If not, have you at least been keeping a call log and details notes of what they are saying? No? Don't worry, no one else thinks to do this either. Yes? Good! then you're ahead of the game. What you describe could certainly be FDCPA violations which puts you in control. Now you need to take control. If you haven't been documenting, logging, recording, these, START NOW!!!!! It can be anything as simple as a notebook with pen and paper notes of what was said to voice recordings (if legal in your state) to computer call printouts (e.g. if your phone service does that). But you need documentation. Next, in the absence of a voice recording, take down what they say about garnishment and other legal activity and write it up in a letter that: - requests the information in writing they are obligated to provide pursuant to the FDCPA - dispute the account and request verification pursuant to the FDCPA - note your understandings from the calls (include the date). e.g. "In your call on Oct 10, 2008, you stated that you had begun garnishment proceedings against me. In your call on Oct 12, 2008, you stated that you could take all my furniture and children to settle this account. etc." This will at least put their [illegal] claims in writing. When talking to them on the phone: - DO NOT agree to anything. - DO NOT pay them anything. - DO NOT promise to do anything. If they have been violating the FDCPA, your only recourse is to sue them and to do that, you'll need some documentation. Without documentation, it's just "he said-she said."
Before they do anything regarding wage garnishments or bank account levies they first must have a judgment.
Thank you, ccbob and greg. This is very helpful. I have documented *everything*. I have a call log, etc. I have been dealing with collection agency after agency for the past 14 years on these student loans, which are the responsibility of my ex-husband (though I did sign them, 18 years ago early in our marriage). I have call logs for every call, from Mann Bracken, Allied Interstate, Zwicker and Associates, and now RSI. With the other agencies, I have always sent a debt validation letter and that was the last I heard from them. Six months or so later, another agency would begin the harrassment. So now it is RSI and, from what I can tell, they are worse than any I've had before. So I was hoping someone here had some experience with them so they could tell me what to expect. I know that legally I am responsible for these loans but my ex-husband got his Ph.D. while I supported him by working full time and then he divorced me and left me stuck with his student loans (even though our court-ordered divorce decree states that he is "solely responsible for the student loans"). He is a deadbeat in every sense of the word, and it will do me no good to sue him because he has no assets. However, I am the sole income earner for my family of 5 (I remarried in 2000) and he has no dependent children and no wife - he works as a Professor and he has only himself to support and still he won't pay his debt. I cannot resign myself to bailing him out of his own mess, I did that for 8 years while we were married ....
As I understand it, with my student loans, it is possible to garnish without a court judgement. Although my loan has been sold, possibly several times, so I do not know whether the conditions that were in place with the original creditor (Sallie Mae) still apply ....? The same with regard to the statute of limitations - for student loans there is no SOL, I believe ....?
You are correct. If they were federal student loans (and most are) there is no statute of limitations and a garnishment can be initiated without going to court. They will also seize your income tax refund and any other federal payment to which you are entitled.
I know this won't help but why don't you write his dean and submit a bill to him for his half of the loans.Just to be a pest and you do have recourse take him to court he probaly won't show and get a default judgement.
