What Can I Do?

[GOINGCRAZYMOM]

My husband was in an auto accident, he is not insured. The car he was driving did have insurance but with only me on the policy. We have recieved a letter stating he was at fault 1mth ago. About 1 1/2 wks ago we recieved a letter from a collection agency wanting 6500.$. This is the first letter we have recieved from them, so my husband called to make some kind of payment arrangements, but they want money that we don't have. They are not willing to work within our budget and say that they don't have to. My husband is not working, I am the only one employed at this time. They are threating to suspend my license if we don't cooperate, which that is all we have been trying to do.So, I guess my real questions are: Does the collection agency have the power to make these threats possible? Can they even suspend my license if i wasn't even involved in the accident? Are they suppose to work with us in order for them to get there money? Is there anything else that we can do? I do need some kind of assistance, thank you for your time. From whittier,California

 

[zippysgoddess]

They do not have to work with you, they have a right to demand payment in full immediately. Apparently someone went to court and got a judgment against you and you ignored that as well. If it is a judgment as a result of the accident, they can pursue any legal means possible in your state to collect the money, I am not sure what all they can do in your state, but these could include liens on personal property, bank account seizure, wage garnishment and other collection means.

If the car was in your name, then yes, they can hold you responsible, especially when you let him drive it without being insured. The collection agency cannot, themselves, suspend your license, but they can notify the courts and the driver's license agency in your state the debt has not been paid and this can result in a license suspension until such time as it is paid in full. Driving without insurance is illegal, he will probably also get his license suspended, if he hasn't already, as well as have fines to pay.

There has to be more to this story, you had to have gotten more than just a letter saying he was at fault, other stuff had to have happened to result in a collection agency pursuing you for the money, there is no way you are telling the whole story here.

 

[teflon_jones]

The first thing you need to do is have this debt validated. Ask for a copy of the judgement for this amount before going any further.

 

[GOINGCRAZYMOM]

To zippysgoddessfrom goingcrazymom

To zippygoddess, I guess thanks for even reading my story, but i have NO reason to lie this is the way it happened and I only recieved that one letter from the collections and the letter from the insurance stating he was at fault there were no other letters, this is why I am trying to seek advice. It would be nice of you not to accuse someone who seeking advice of being a liar. I came to this website hoping to get some kind of info , I dont need your accusations. Thank you for your time.

 

[zippysgoddess]

I didn't mean to imply you were lying, some people just want to keep stuff private or are embarassed to admit they ignored prior collection attempts. Sorry if I upset you.

IF it truly happened the way you described, just the at fault letter and then the contact from the collection agency, then you really do need to do what teflon_jones said and demand debt validation, someone is pulling a fast one, and if they don't have a judgment and threatened your driver's license that is a violation of the FDCPA and they can be fine and sued for it.

Also do you have an attorney or one you could consult with?

 

[GOINGCRAZYMOM]

Well i apologize if i came out strong but with all this and regular priorities on top is just a lil much. What exactly is the judgement that you are talking about. i talked to the other insurance company trying to make arrangements with them, but they said i had to go thru the collectors. they also told me the balance was 6500$. the collectors called me yesterday to say they are going to check my assets, okay i already know i dont own any thing but my car. Will and Can they jump to garnish my wages, or cant i request a hearing before that, cause for them to garnish my wages, i wouldn t even be able to pay my rent, because dont they garnish from each pay check, or can i request one paycheck a mth. No i dont have an attorney or any one to talk to. and i probaly couldnt afford one. I just need to know a few laws so I can try to help myself. Thank you...

 

[Flusterd1]

Also, take a look at the Fair Debt Collection Practices Act. (http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm)

Knowledge is power and many of the bullies we encounter in everyday life rely on our lack of knowledge to get over on us.

If they are in the business of collecting debts, they are restricted by the FDCPA. They know that there are many things they cannot do. And threatening you is one of them.

I also agree that verifying that they have received some judgement against you is your first step.

Best of luck.

 

[GOINGCRAZYMOM]

thank you for all your advice. okay now i just got off the phone right now, and they told me i dont have the right to request a hearing. and that they can have my license suspended before that even happens.they are telling me to take out a aloan. i have bad credit so that aint gonna work. this is what i am dealing with. i am scared cause i dont know what to do, i hve been going on the internet to try to get as much info as i can. i have tried posting my case on this website but i am having trouble with my programming.