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  #1  
Old 02-02-2006, 11:48 PM
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Join Date: Feb 2006
Posts: 1

Debtor threat in California


A 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
  #2  
Old 02-03-2006, 02:44 AM
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Join Date: Dec 2005
Posts: 211
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.
  #3  
Old 02-03-2006, 04:40 PM
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Join Date: Mar 2005
Posts: 1,270
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  
Old 02-03-2006, 06:30 PM
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Location: Nashville,TN
Posts: 15,706
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:
My problem is that the debt collecter called and only gave me 3 days to pay the debt.
And that is just hogwash. It's a typical collection tactic to try to get people to pay up NOW.

Quote:
Tomorrow is the day that the debtor threatened to file paperwork and that my wages will be garnished.
Don't worry about it, its BOGUS. They can't file that fast and even if they could it would take months (as already stated) before you ever saw the inside of a courtroom. NO paperwork can be filed just to get a garnishment, THEY LIE !!

You should also find out EXACTLY when this relative quit paying and whether or not the collector has even TRIED to collect from them.
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