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Re collection company and wage garnishment

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Alijax

Guest
What is the name of your state? Florida
Please please help, we need urgent advice. My husband owes Rooms To Go money and they have a collection agency collecting for them. We are totally broke and can barely afford to live so we haven't paid them for a month, we have tried arrangements with them in the past but can't meet them due to financial problems. Today I received a call from a particularly vile man who works for them, he has been rude and threatening in the past, who told me that they have extended all proposals and are now going to garnish wages and told me to get a lawyer. He then put the phone down on me. What happens from here? I am looking for work right now but am out of work, we rely on my husband's wage for rent, food, electric etc. We don't even have a car and he has to rely on friends to get him to work. Will he have to go to court? And if so, what will happen? We really can't afford to pay much and I am worried sick now because if they do take all his wage each week we will not be able to live at all.
Please help me with advice. Thanks.
The company is Corporate Receivables in Arizona, they have been awful and threatened me in the past.
 
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HomeGuru

Senior Member
Alijax said:
What is the name of your state? Florida
Please please help, we need urgent advice. My husband owes Rooms To Go money and they have a collection agency collecting for them. We are totally broke and can barely afford to live so we haven't paid them for a month, we have tried arrangements with them in the past but can't meet them due to financial problems. Today I received a call from a particularly vile man who works for them, he has been rude and threatening in the past, who told me that they have extended all proposals and are now going to garnish wages and told me to get a lawyer. He then put the phone down on me. What happens from here? I am looking for work right now but am out of work, we rely on my husband's wage for rent, food, electric etc. We don't even have a car and he has to rely on friends to get him to work. Will he have to go to court? And if so, what will happen? We really can't afford to pay much and I am worried sick now because if they do take all his wage each week we will not be able to live at all.
Please help me with advice. Thanks.
**A: the creditor must first take you to court and obtain a judgement. Only then can a garnishee on wages be served. I suggest stepping up your job searching efforts. Good luck.
 
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Alijax

Guest
Re homeguru's advice

Homeguru, you said you suggested stepping up my job searching...does that mean they could take all his wage until the debt is cleared? I am worried sick. Are you a lawyer? And do you think we should try to obtain a lawyer, I know we can't afford to so I don't know how we'll do it.
 

Ladynred

Senior Member
First, if you're only a month behind, you're no where NEAR being sued, their threats are pure bull. Once the account gets charged-off (after 6 months of non-payment), then MAYBE you could be sued, but even then there's no way to tell. A lot depends on how much you owe.

On a better note, following what HomeGuru said, they can't garnish anything without a judgment. Further, in FL, if your DH is head of household (providing more than 50% support for family), then his wages CANNOT be garnished !!

I understand your worry, but their threats are just that, nasty threats. If you absolutely cannot pay them, do NOT talk to them on the phone. If you have an answering machine, let them talk to the box only. If you have neither caller id or an answering machine, then hang up on them if you answer the phone. Its not worth stressing yourself out over it if you have no money to pay them.

Relax a bit.. its unlikely you'll be sued at this point in time and its quite possible that your husbands wages are exempt from garnishment anyway !
 
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Alijax

Guest
Re Lady's reply

Thanks Lady, I am gladly taking any advice I can get. It's along story but he had this debt last year and the same man was pure evil to me on the phone...we had contacted a debt agency and they were handling it all. This man said that he would not accept any payment from them and we heard no more. I was out of work and we were deperately trying to make ends meet, so we lost track of that debt. They contacted us again a few months ago and we set up a payment agreement after a lot of aggression from the man at the collection agency. We offered $50 a month, which we paid for two months, I missed last month as I was in and out of hospital and we did not have the money to pay for this debt and my treatment. I only missed last month and he was awful yesterday. He offered me a settlement of $1700 which we do not have, if we had we'd have paid it off a long time ago. He became aggressive again and told me I'd better hire a lawyer and they had permission from Rooms To Go to proceed in this matter. It's a nightmare as I am finding it hard to get a job here. I am an RN from another country but failed the exam here and am waiting to retake, once I am nursing here all our debts can be cleared in a few months. Anyway, enough of my problems, thanks for the advice.
 

Ladynred

Senior Member
Ok.. so when was the last time you paid Rooms anything ?

Since the CA wouldn't accept payments from them (and they are not obligated to) and its been over a year, they *might* sue. However, on a single income, you're not a homeowner, and probably don't have much else in the way of siezable assets, the likelihood of them ACTUALLY suing isn't high. I'm not familiar with RTG's record on lawsuits, but this guy's threats of a lawsuit, if they really do NOT intend to sue, is a violation of the FCDPA and you could sue THEM !

As I stated earlier, its likely that your husbands wages can NOT be garnished anyway if he can be considered head of household. With you not working, that actually works in his favor to avoid garnishment IF they get a judgment and win.
 
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Alijax

Guest
Re hubbies debt

We last paid them $50 in October, it was two months before that that we'd paid them last. I had arranged payment with this vile man and missed only one payment since the arrangement in October. He is truly awful and has been so aggressive and threatening in the past. I had arranged a check for $150 in August I think it was but later found out we would not have the funds to cover it, so I cancelled the check. He is now telling me it bounced, which it did not. I can back this up with a confirmation letter of cancellation from the bank. I wish calls could be taped in FL as he is unbelievably unpleasant and rude, I feel (given that we have been slow to repay the debt due to financial probs) if I report him it is just going to be his word against mine. I once asked to speak to his boss as I did not want to deal with this man, his boss was just as vile and rude. This company HAS to be in violation of their scope of practice. But yes, we have paid something recently. By the way, we are still getting statements from RTG and I wondered if I should just pay them direct as they ask for $40 a month.
 

Ladynred

Senior Member
Did you last pay RTG DIRECTLY in October or was that to the vile snake at the collection agency ?

While its true that FL is a 2-party state, you may still be able to tape him. The FTC encourages everyone to tape all conversations otherwise they get no hard evidence. Do you know if he is taping YOU ?? Is there a recording that says the call may be recorded ?? If he's taping you, then you should be able to tape HIM ! If he doesn't consent.. then neither do you and hang up !

"Federal law requires only one-party consent to the recording and disclosure of a telephone conversation, but explicitly does not protect the taping if it is done for a criminal or tortious purpose."

Your purpose isnt' criminal, but his abuse IS a violation of federal collection laws since he IS a 3rd part collector. The other thing you can do is tape the call, don't tell him, but after the call write it all down - 'memorialize' the conversation from the recording, then erase the recording. How would anyone know you didn't make copious notes during the call ??

If you're still getting statemetns, send your money to RTG instead. Complain about the creep from the CA to RTG - they can be held liable for the actions of their collectors.
 
K

kevindean

Guest
a couple of things you can do are: while your making your payments rite now, call the phone co tell them you are getting prank phone calls and they will give you a new number one time for free and make sure its unlisted, so if you ever get behind again
they cant call you they can only send you letters. I would rather
read a threat letter than to have some asswhole threatening
me on the phone, if they request your new phone number? tell
them you dont have one because you would rather pay them
than your phone bill. suggestion : go to any library and p/u a
book that talks about repairing your credit and it will have lots of good info on dealing w/ creditors including stoping them all to-
gether, good luck.
 
M

monnickasmommy

Guest
make sure its unlisted---

My friend works for a phone company this is for everyone :

When you get your # for your phone you ask the phone company if they have a security pass code that you can put on your phone example your last 4 #'s of your phone NEVER use your last 4 of you SSN most creditors have it- And if someone calls information to get your # they have to know the security code on your phone- in order for it to get released to them -

*You are not required to give your number to anyone* (hospital, doctors office, )
 

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