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nanschmidt

Guest
What is the name of your state? MT We turned 7 cc over to a debt organization that is supposed to help us eliminate debt. most of the cc companies have pretty much left us alone - except for our wal-mart account. it was originally our wards account. it was paid off in 1998, but the info was sold to wal-mart. original balance on wal-mart as of may 02 was $1900. we have begun to receive calls from a company called sherman acquisitions. we had no idea that our debt had been sold until the first phone call 3 weeks ago. as of our last conversation, we have been threatened with wage garnishment to the amount of $2335. what can we do? all of this is new to us. we feel really stupid and fearful. this company has called us daily, but refused to discuss anything except payoff with either us or our debt company.
 


Ladynred

Senior Member
Sherman Aqusitions is a bunch of lowlife sleazeballs. I know, I'm dealing with them myself. First thing.. do NOT talk to them on the phone. Its pointless.. all they will do is threaten, probably yell, and try to put the screws to you - don't let them - don't answer the phone. Their threat of garnishment is bull - they most likely to no have the authority to sue you, nor the real intent, so their threat is then ILLEGAL under the Fair Debt Collections Practices Act (FDCPA) (I urge to read the Act now, you can find it at www.ftc.gov).

Next, you say the account was paid off in 1998 ?? Do you have proof that it was paid off ?? Hopefully you do. Where is the $1900 balance they're after you for coming from ? My account from Wards also went to Wal-Mart, but at least the info on the account transfer was correct.

If you say the account WAS paid off in 1998, you need to dig up the proof of that. If you haven't pulled your credit reports, I suggest you do so and have a look at how this thing is reported on your CR's.

The statute of limitations in MT for credit cards is FIVE years. That means that the SOL has either expired or is about to. You will have to find out (credit report) when the LAST payment was made. If you paid it off, and you have solid proof, then you need to send Sherman a letter (certified) stating that the account was paid in full on XX/XX/98 and that they are not to contact you about the debt again. Basically this would be a form of Cease and Desist letter. If you can't prove positively that it was paid off, and the SOL has not run out, then I'd send these scumbags a debt validation letter and make them PROVE you owe anything. This is your right, guraranteed by the FDCPA. If they can't PROVE that you owe this, they have to cease collection and delete all entries they may have placed on your credit report.

You should also read up on debt validation, just in case you need it. You can find great info on this at www.creditinfocenter.com.

BTW- they CAN'T garnish wages without suing you and winning a judgment FIRST. Just don't talk to them on the phone. If you have caller ID, great. If you don't and you pick up the phone, say 'put it in writing' and HANG UP. There is NO law anywhere that says you have to talk to these creeps nor do you have to call them back. Let them talk to your answering machine ONLY.
 
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nanschmidt

Guest
Thanks for the info. I was really feeling panicky there for a while. Don't feel so bad anymore now that I realize that these companies use unfavorable tactics. I'll let you know if I need more, but in the meantime, I'll be looking up info on those sites that you listed.
 

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