Bugged by a collector

[wizzer62]

What is the name of your state? Georgia
My problem is this I totaled my car over two years ago. Insurance paid the value of the car right away. We replaced the car with another, and another payment, then for awhile the debt collector started. then gave up after I told them I can't pay. Now after a year or more a new one( and quite rude) has started. My question is; Can he legally garnish my wages at 25% like he says. In fact without security on the loan can he do anything.

P.S. What is FDCPA?

Thanks wizzer

 

[seniorjudge]

What is the name of your state? Georgia
My problem is this I totaled my car over two years ago. Insurance paid the value of the car right away. We replaced the car with another, and another payment, then for awhile the debt collector started. then gave up after I told them I can't pay. Now after a year or more a new one( and quite rude) has started. My question is; Can he legally garnish my wages at 25% like he says. In fact without security on the loan can he do anything.

P.S. What is FDCPA?

Thanks wizzer

Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

https://forum.freeadvice.com/showthread.php?t=293829

 

[Ladynred]

Can he legally garnish my wages at 25% like he says.

Not without suing you FIRST and winning a judgment against you.

In fact without security on the loan can he do anything.

He can sue you, get a judgment against you and then, with that, they could sieze your bank account, garnish your wages, and sieze any non-exempt assets. Judgments hang around for a loooonnnng time so they can keep coming at you until they get paid.

FDCPA - Fair Debt Collection Practices Act
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

 

[Debt Guy]

Q. Can he legally garnish my wages at 25% like he says.

A. Yes -- but only after you are sued and a judgment is awarded. However, if you make only minimum wage, then you will not be subject to immediate garnishment in most states. Other rotten things they can do is wipe out your bank account, attach your home and car, take away your toys and give you a bad haircut.

Q. In fact without security on the loan can he do anything.

A. Yes. You can be sued. The fact that the collateral is gone is meaningless. The "security" is your signature on the note (sometimes called a promise to pay -- which apparently you did promise but did not pay).

Q. What is FDCPA?

A. Fair Debt Collection Practices Act -- a federal statute that governs 3rd party collections. You can download and read at www.ftc.gov.

 

[TigerD]

Other rotten things they can do is wipe out your bank account, attach your home and car, take away your toys and give you a bad haircut.

I have never once given someone a bad haircut.