Hi, I have several questions regarding debt collection and hope someone can help me with the answers. I live in Minnesota if it is relevant. First, I thought I read somewhere that as a debtor I have the option of dealing only with the original creditor, not the collection agency (who are complete jerks who don't even let me speak). Is this true? If so, how do I inform the collection agency of my desire to do so? Secondly, if a debt is in my wife's name and not in mine, can the creditor come after ME and MY wages or bank account (after a judgement has been obtained)? Third, how exactly does wage garnishment work? It is my understanding that a judgement creditor can take 25% of my wages. But what if 35% of my wages are already being garnished for child support? Can they take 25% on TOP of that?? If not, I have another question...sometimes I work overtime and my check is higher - so the child support amount is maybe only about 15% for that particular pay period - is the wage garnishment a "standing order" where for that pay period they could then get the other 10%? Lastly, I am wondering if it is harrassment (according to the law) if a collection agency calls me and when I say I can't pay them they shout at me such things like I am a loser, they pity me and my children, I ought to be in prison, I ought to have my kids taken away from me, etc. ? If I record them saying such things is it admissable in court? If not, how do I prove they are doing this? Thanks so much for any help that anyone can give me. MSJ
First, called a C&D letter. Do a search for an example here.... Mail it Certified Mail RR requested. IF they call at work, your employer doesn't allow these type of calls, you insist everything in writting. Second, legally only if you are cosigner on the account. Don't put it past them to try ANYTHING. Third, Don't know. Fourth, avoid all telephone conversations by following step 1. If they call, ask for their supervisor immediately.
MN judgments - in a nutshell http://www.lawdog.com/states/mn/sta3.htm click on judgments, upper right hand corner - red box. entire MN legal code - you can search by keyword http://www.lawdog.com/states/mn/sta9.htm click on state statutes
