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collection agency question

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  • collection agency question

    I have a friend who I recently met through my church that knows I did the Dave Ramsey class, write for some newsletters and work with budgets at a crisis center. She asked me one I can't really answer....so I am turning to you all till I can help her get to proper counsel.

    She had a credit card before she married a year ago. Her husband was never on the card. She has not been working. Her husband took a huge cut in pay in order to keep his job. She has been looking for a job, but no luck yet. Meanwhile, she is 4 months behind on a credit card. A collection agency is calling her 10-15 times a day. They told her she would qualify for a program with no interest or fees if she pays $30 a month but the first payment has to be made next week, directly out of her checking account. Her account is currently overdrawn. They told her to use his account, she said she couldn't because she is not on his account (his mother is on it and he wants to leave it that way). They said they would garnish her husbands wages for the full monthly amount due. She asked how they could do that when his name is not on the account and they said they could because they are married and her debts are now his debts...
    She an pay the $30 a month but won't have it until the 5th of the month. Her husband does not want anything to come out his account directly--he has been burned by this in the past, where additional funds came out.
    They also told her that if she put the $30 into her acount and told the bank it wa for this payment, it would go to them--which I told her wont happen if she is overdrawn.
    Does anyone know if #1, they can garnish his bank account or paycheck for this???
    #2 can they force her to make automatic payments directly from a checking account?? They were even trying to get her to give them her parents or a friends checking account number, accounts that her name isn't even on--in my opinion this would be illegal???

  • #2
    No, I don't think that they can do any of that!

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    • #3
      I agree...they can't do that.

      I would go to CreditBoards.com - Credit Help, Credit Repair Tips, News, Forums, they know all the ins and outs of handling situations like this. But most importantly, don't give them the checking account information.

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      • #4
        She should never, ever give them a checking account number or sign anything, for that matter. As someone suggested, creditboards is a great place for information on how to verify the debt and how to handle collection agencies (they advise everything should be in writing). So have her check it out sooner rather than later.

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        • #5
          They can't garnish anything until they take her to court and get a judgement.

          The very fact they are suggesting some of these things makes them questionable at best. I would agree, don't give them any bank information or even mail them a personal check (which has all your bank info on it)

          Secondly she needs to assert her rights. She needs to tell them to quit calling so often. That is harrassment not a legitimite attempt to collect a debt.

          From the sound of it these are the scum of the earth type collectors who give everyone a bad name.

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          • #6
            The thing with collection agencies is that they get paid to rough-handle customers into paying their debts. They pressure debtors as much as they think possible in order to make somebody cave and pay, or give them what they need. They'll pressure, lie, harrass, and threaten. They're like pitbulls for creditors. Not all of them are as bad as that, but many will be... Unfortunately, it's sometimes considered necessary, to deal with people who want to avoid it all entirely.

            So long as somebody understands their rights and what can legally be done to them, they can work through it all carefully and deliberately, and still get it taken care of.

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            • #7
              No, they can't garnish his wages! Although, a collection agency can send anything they want to anyone and TRY. I work in payroll and I recently got a very official looking letter from a payday company stating that I had to garnish an employee's wages. The only problem is: it's not a court order! The employee made me aware of his situation so I was on the lookout for this paperwork. In the example you give, they most definitely would have to get a court order to garnish any wages. You still always run the risk of a payroll administrator not knowing the right answer to this one. I did my research before the "garnishment" came in, and I knew my employee's rights.

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              • #8
                Only a court order can allow them to garnish a paycheck. As stated above, they will say anything they can to scare you into paying. NEVER allow them access to your personal account.

                You can set up a draft account for arranged payments that you put money into for that purpose. Here is the website for your rights.

                https://www.ftc.gov/bcp/edu/pubs/con...edit/cre27.pdf - Similar pages

                The Fair Debt Collection Practices Act (FDCPA) - 32k - Try this one first
                Last edited by maat55; 09-21-2008, 02:12 PM.

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