I got a call from an attorney's office where my Discover card has sent my debt for collections (yes, I am new here, how could you tell). I am being asked what my address is, who I work for, who I bank with. If seems they know most of this info anyway. I told the attorney's rep that I was going to move and may be taking another job. She told me to get back to her with my new address and employer ASAP and if I didn't start making some rather large ($100 -$200 per mo.) she was going to have my pay check garnished. I work for the state of Colorado. Can they do this? What can I do to keep this from happening? Thanks Em
She cannot have your paycheck garnished without an enforcable judgment. Do not give her your banking information because that will make it easier for her to garnish your wages after a judgment. I would just tell her to put her money where her mouth is and either offer you a settlement or be prepared to file a lawsuit.
So what happens if she files a lawsuit? I don't have the money to hire an attorney. As I mentioned earlier, I am new here, so if there is some letter I can write or send - maybe you could let me know. OR Should I wait and see if she actually follows thru with filing the lawsuit. Thanks so MUCH! Em
Re: Re: Attorney called talked garnishment Shes collecting on a debt so I would send a validation request if thats your first communication with her. That will stop a lawsuit for at least that 30 day period. If she validates the debt it is then time to start negotiating with the attorney for a settlement. But do not let her intimidate you by giving her everything she wants. She will be entitled to garnish your wages only AFTER she gets an enforcable judgment. If she files a lawsuit, file whats called a general denial answer. WE can cross that bridge when we come to it. Just remember, she will not be able to garnish your wages without an enforcable judgment. It all goes back to due process -- you cannot be denied property without due process -- in this case a trial to determine whether you truly owe this debt.
Re: Re: Attorney called talked garnishment Thank you! I don't know how to file the valadation you discussed. I have a lot to learn, but am a very willing student. I would like to ask a few more questions. 1. She told me to contact her, when I have moved into my new rental. Should I bother to do this, or should I let her try to find me. She wants me to give her my new address (after reading your post, I most certainly will not do that!). 2. She know where I do my banking. When she asked me if I banked at YaDaDa bank, I said yes. I do have another bank acct. with a different bank, should I start using the other one? 3. I have been reading about Credit Repair Companies, actually, one inparticular. The Lexinton Law firm that was advertised when I began looking into this site. They state that you can repair your own credit, but the credit reporting agencies try to make this as difficult as possible. Given that I have taken a new job, and am trying to handle the work of two counselors (the state of CO has decided that they will not fill any positions due to retirement or otherwise as they are in a financial crisis, so to speak) I am thinking it might be advantagous to have some help with these matters. Do you have an opinion on whether or not this agency would be a good investment as far as getting my credit cleaned up? Again, thanks for your help. I hope that I will be able to provide advice to others some day, maybe even my clients' if there are no ethical problems in doing so (I am a vocational rehabilitation counselor, which entails helping people with disabilities obtain, maintain, or regain employment). Em
Let's get back to step 1. You are about to change jobs and addresses and they are asking you to tell them the new ones. Why? Because there is no way they can get this info by themselves. 1: Once you move, it makes service of a summons all that much harder. Without service of a summons they can't garnish your paycheck or attach your bank account. So.... tell them (in your mind) to go $crew themselves and DON'T give them your newe address OR job. 2: Where does this debt stand in relation to teh Statute of Limitations for suit in your state? If you are near the SOL, then after you've moved and changed jobs, lay low until the SOL has expired by at least 6 months, THEN talk settlement with them. You are in a much stronger bargaining position then. 3: For God's sake, DON'T TELL THEM WHERE YOUR NEW ADDRESS OR JOB IS!!!! What do you think they will do with that information? I guarantee you will not find it pleasant.
Re: Re: Attorney called talked garnishment 1*Thank you! I don't know how to file the valadation you discussed. 2*should I start using the other one? 3*Do you have an opinion on whether or not this agency would be a good investment as far as getting my credit cleaned up? emma78 =============== 1*Click on and read these validation links below. What Is Validation? Validation must reads Per Humblemarc Validation & Estoppel letters 2*Yes 3*Read this link below FixYourOwnCredit! THE END ** *** ** LB 59 """""""""```~~~```'""""""""" PS: For other helpfull tips read these three threads located at the top of each page. INTRO: Unofficial CreditNet Board FAQ INTRO: PsychDoc's Credit Repair Primer INTRO: Creditnet Glossary
Re: Re: Attorney called talked garnishment Before you decide to turn your credit problems over to someone else, consider this, if you are in the job of counseling others you surely must know that self esteem and positive results are best obtained from self empowerment. Educate yourself, obtain help from your OWN efforts and research. NOW... Col. is a "closed" CA State, which means that an out of State collection agency must be licensed in their own State,and CANNOT file a lawsuit against you in Col.(they can only use mail and phone collection methods). SO-- the first question is,WHERE is this CA calling from?? I do not suggest sending validation letters on an account that may be within SOL, your best tactic,in my opinion, is to act dumb and play along until the 3 year Col.SOL runs out. COLORADO STATUTE OF LIMITATIONS (IN YEARS) Open Acct.: 3 COLLECTION AGENCY BOND & LICENSE Bond: $12,000 - 20,000 License: Yes Fee: Determined by collection agency board Exemption for out-of-state collectors: Out of state collectors are exempt if [1] collecting only by interstate means (phone, fax, mail; [2] have no Colorado client; and [3] are regulated an\d licensed in the state in which they reside. That means, closing out the bank account they KNOW about,or at least keeping it open with few $$ in it. If you are moving, I suggest you get a NEW phone # UNLISTED,(this will be of benefit to you in your job also) Before you start "repairing" your credit,you should make sure you aren't going to make thngs worse by stirring things up,creditors are like sharks, if they smell a concern of yours for "clearing your credit" they will attack with lawsuits if you are within SOL.
Re: Re: Attorney called talked garnishment Okay, Since you are moving, I would get a PO Box and do all of your credit repair corrospondece from it. You don't want to make it easy for these fools. Second thing, never talk to a collecter on the phone. They will lie and say anything to get you to send in money. How much do you owe on this card? It is not worth a lawsuit to collect less than a $1000. Also, get that validation!!! And do everyting in writing CMRRR. I fended off Arrow with validation and am now ready to settle with the OC for %50. Discover may be a little harder as they are part of Sears.
Re: Re: Re: Attorney called talked garnishment Another recommendation would be to find out the name of the law firm handling the account. Are they really just a collection agency--or are they a law firm hired to handle litigation? If they are able to litigate, you might check to see how much other litigation they have done in your county--or anywhere in Colorado. You can go to the courthouse and see how many times they have brought cases. The records may even be online. This doesn't mean that they couldn't turn the account over to someone else to litigate, but it may put your mind more at ease. I agree with the other comments about not giving any information about address, employer or bank accounts. If they actually sue, make them work for the information. But I wouldn't be rude about it. Don't give someone a reason to want to sue.
Re: Re: Re: Attorney called talked garnishment Collectors threatening garnishment is one of my big pet peeves. They use it as a scare tactic when they never have any intention of taking legal action--which is a violation of the FDCA. That's why I said to find out if the firm that contacted you actually sues.
OK! Gotcha. I should add, I doubt that I will change jobs, really doubt it, but since it was a remote possibility, I did tell her that. I am moving - across town, but, of course, it is just going to slip my mind to even contact the rude woman. However, even after 6 months, I am not going to be in a position to pay even half of what I owe - about $1500.00. Since I got here or should say since I accepted this job, things have been really screwed up. First, I had to wait 5 months before they were allowed to hire me, that is 5 months after I was told I had the job and they just needed to tie up some paper work before I could start. When I finally do start, I am dealing with one of the highest costs of living in the country. Getting into a place to live was quite a challenge and I ended up living in this motel like room that was considered employee housing for a construction firm. Had to move as the place was condemned. Then I was told by several doctor's that I had cancer (in my ear canal) and they ran me around the state to see other specialists' which has racked up over $15000.00 in medical bills, only to find I didn't have cancer at all (and I am very thankful for that but not the medical bills) and lastly was sent a summons in the mail, which had been forwarded to I don't know how many addresses, to appear in court for something my estranged husband (who is in hiding) did. Felony charges, at that. I have had to arrange to take flights back up north to appear in court several times over this. It has been dismissed, but I still had to take leave without pay and endure the costs of paying for airline tickets and motels. I am NOT in a position to pay on anything but the bare necessities right now. I have been toying with the idea of bankruptcy, but I don't know the consequences of doing that would be. Can anyone tell me or give their opinion on that issue - BANKRUPTCY? I have school loans that I can't make payment on. They want almost 900.00 a month. I know I can't do bankruptcy on the school loans and I also know I can't pay them at this time either. I truly appreciate all the feedback I am getting here. I have been in the dark and lost for so long on how to deal with these issues, and I can't begin to describe how stressful that was. Huge thank you's Em
If the creditors knew all of this information about you, I doubt they would ever even consider suing--or pursuing collections. Collectors look for easy targets. Additionally, if anyone does take you to court and gets a judgment, the court can usually order a payment plan based on your finances. Most people just never ask for one.
in this case a trial to determine whether you truly owe this debt. rocket1977 ================ Unless the poster gets railroaded with a default judjment like I've seen happen so many times here. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
MAYBE once in a while someone is not properly served and they do not know of a judgment. I do not consider ignoring a lawsuit or a wife getting served and not telling her husband of a lawsuit as being "railroaded." If a select few would not dodge service when they know they are getting sued, the law would not have to provide for alternates to personal service. I am sorry. I just do NOT feel sorry for someone who ignores a summons from a court of law to answer a lawsuit. I just don't. A lot of problems would be solved if people just did what a summons says -- answer the lawsuit!
Keep in mind a creditor can only get a DJ if, and only if, you do not answer a lawsuit. If you answer the lawsuit, you will get a trial if there is no settlement. I would have to say maybe 1 in 100,000 people with DJs get "railroaded. The rest either think lawsuits "go away" or a member of the household gets served and neglects to tell them.
Bankruptcy should be your absolute last resort to be used only when you have no other options. It will mess up your credit report for many years. Student loans are not dischargeable in bankruptcy so you would still owe them, and have negatives on your credit report related to them, AND you would have the bankruptcy on your report I think you still have some otions to explore before considering bankruptcy... Since you only have this one account to deal with, try and learn as much as you can about the FCRA and the FDCPA, as well as the applicable Colorado state laws concerning debt collections and civil procedures. The SOL for debt collection, can prove to be a very powerful tool for you. I agree with the others, do not give any collector any information, the harder you make it for them, the longer it takes, and that SOL clock keeps ticking in your favor
As far as school loans, the Dept of Educations has several options, including deferring loans, forebearance, and rehabilitation programs, where you can agree with them to make make lower payments for a few years until your circumstances change
