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#1
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Debtor threat in CaliforniaA debtor has contacted me about a debt that is about 4 years old. I co-signed for a relative and ofcourse the relative never informed me about the problem. My problem is that the debt collecter called and only gave me 3 days to pay the debt. My relative has promissed to take care of the debt, however I know that it will take about 1 month for them to pay. Tomorrow is the day that the debtor threatened to file paperwork and that my wages will be garnished. Help! Last edited by Jesse_spuds; 02-03-2006 at 12:10 AM. Reason: I am in California |
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#2
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| if he is threatening to file tommorrow, the proccess of getting a judgement, which is what he would need to garnish your wages. Would take months, and expense. He is just trying to scare you in to paying right now, thats how he makes a living. Tell him when and how you can pay and thats it. They feel if they dont scare you that you will never pay. |
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#3
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| Yes, in order to get a writ of garnishment they would have to have a judgment against you from the courts. Until they get such a thing they can't do anything of the sort, as a matter of fact, it is a breach of the FDCPA for them to even threaten that they can do it that soon.
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#4
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| First, the person who contacted you is a collection agency and YOU/your relative are the debtors - THE original obligation is owed to the CREDITOR. Quote:
Quote:
You should also find out EXACTLY when this relative quit paying and whether or not the collector has even TRIED to collect from them.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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