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  #1  
Old 09-11-2003, 06:44 PM
minny
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credit card debt


What is the name of your state? michigan
i am seriosly late, 8 months and my credit card has been sold to someone else. an attorny contacted me and wants payment in full which i cannot do. i am in a situation now where i have offered payments but they want it all--$21,000.00. they have threatened to come after my wages and property. can they take my property even though i am married and we are both on the mortgage. i understand that my wages can be garnished, but why won;t they take payments now? can they garnish my husbands paycheck?
  #2  
Old 09-11-2003, 07:18 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,530
Okay, lets take this one step at a time....

"i am seriosly late, 8 months, and my credit card has been sold to someone else."
*** I think you will find that your debt has NOT been sold to someone else, even if they claim to be the owner. Simply, your being 8 months late is probably not enough for the creditor to have sold the debt, but more likely assigned it out to a 3rd party debt collector.

"an attorny contacted me and wants payment in full which i cannot do."
*** Are you absolutely SURE that it is an attorney who contacted you?? From the information later in your post, it is more likely that this is simply a 'normal' bottom feeding, scum-sucking debt collector lying to you about being an attorney.

"i am in a situation now where i have offered payments but they want it all--$21,000.00."
*** Okay.

"they have threatened to come after my wages and property."
*** And that is what tells us that this is not an attorney. What they are threatening simply CANNOT be done without them filing a lawsuit and getting a judgment FIRST. And no creditor would do that for only 8 months late.

"can they take my property even though i am married and we are both on the mortgage."
*** No. If they get a judgment against you, they can take certain steps to try to enforce that judgment, including seizing non-exempt property. But any concerns about that happening are a long way down the road.

"i understand that my wages can be garnished, but why won;t they take payments now? can they garnish my husbands paycheck?"
*** Again, without a judgment in hand, they cannot garnish ANYONES wages. And even then, they can't garnish your husbands (unless his name is also on the card account).
__________________
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  #3  
Old 09-12-2003, 12:01 PM
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Join Date: Sep 2003
Posts: 99
Minny,
If you do go on a payment plan, MAKE SURE YOU GET EVERYTHING IN WRITING.
  #4  
Old 09-12-2003, 12:15 PM
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Join Date: Sep 2003
Posts: 99
Minny,
I would recommend talking with a collection attorney. If they are good, they can give you options on how to pay or not to pay. It is well worth the couple hundred dollars you would have to pay this person.
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