I recently gave my car back to Mitsubishi. I know that was not what I should have done but I didn't really think about it before I did it. Mitsubishi gave my account to SST, because I was consistently 30 days late (Mitsubishi refused to move my payment date). SST called not only me 2-3 times a week but also the person who co-signed on the loan....Still refusing to move my payment date. I was written up for it at work, as having "excessive personal calls", which they are well within their rights to do. I gave the car back to Mitsubishi because I did not want to lose my job, nor did I want my friend to lose her job so I felt stuck. I have received no official notice telling me what they auctioned the car off for from Mitsubishi but did receive a statement from a collection agency saying I owe a little over $13,000. I really have no problem paying this...I feel it was worth it to keep my job. However, I am in Georgia and I have since learned from a lawyer I did go to see about this that they can garnish all of my wages, and seize my bank account....and I should never have given the car back. I've had a judgement before on something I was never billed for, but that's another story. My point is I have not been served with a summons yet and the collection agency called yesterday (at work, even though they have my home phone number and I have told them not to call me at work) to say they were taking up the matter with my human resource department and then they hung up before I could say anything. Since their first phone call, they act like I don't feel this is my debt and I have never said that. I was willing to work with them, even though they wanted $1,000 down and then $400/month payments, which the $1,000 down would have been difficult to come up with but not impossible. But they say I owe $13,000, Mitsubishi has $26,000 on my credit report, which is correct? Who knows? When I asked the collection agency to send the payment agreement to me in writing, they got beligerent with me..why would they do that if they are on the up and up? I gather from the info here that I should send a cease and desist letter to the collection agency but I evidentally can no longer call Mitisubishi because they say the account's been given to someone else, and they can't talk to me about it, etc.. So, how in the world am I supposed to contact the original creditor and tell them I will make payments to them? Please help! Any suggestions about how to take care of this will be greatly appreciated!!
First of all - in NO state can a creditor garnish 100% of your pay. The maximum is 25%. I believe Georgia is 10%. Second - since you are dealing witha CA you are entirely within your rights to notify them (CMRRR) NOT to call you at work. have teh cosigner do the same. If they don't honor this request, it is aFDCPA violation - sue the CA and collect your $1000. Third - if the CA speaks with ANYONE except you and the cosigner about this debt before you have been sued and they have a Judgement, it's another FDCPA violation - sue and collect your $1000. Fourth - Read my post "Turning a Suit Into a Settlement". Also read "Understanding teh Collection Agency" parts 1 and 2. Also read "Making Yourself Judgement proof". All these are threads I posted here and at www.creditinsiders.com READ THEM. Fifth - You are entitled by law to a complete accounting of the proceeds from the sale of teh vehicle. Sixth - Collection Agencies don't sue - lawyers sue. Learn the difference. CA's bully, bluster, lie, deceive and annoy. That's their modus operandi. Develop a little thick skin to deal with it. Seventh - Go to the Federal Trade Commission web site www.ftc.gov and READ the Fair Debt Collection Practices Act and all teh Staff Opinion letters about it. This will help you spot any violation of FDCPA taht the CA might commit. When they violate FDCPA, sue them. I am certain someone else will post numbers 8, 9 and 10.
When I asked the collection agency to send the payment agreement to me in writing, they got beligerent with me.. 1*why would they do that if they are on the up and up? 2*I gather from the info here that I should send a cease and desist letter to the collection agency 3*So, how in the world am I supposed to contact the original creditor and tell them I will make payments to them? snowchild >> =========================== 1*Where do you find a CA that's on the up and up? 2*What do you think a cease and desist letter is and what does it do? 3*What if the OC don't own the debt? Why would you shoot yourself in the foot by telling them this? Even if you did make payments how would that help your credit? ..
