Debt collectors stopped drafting payments and is attempting to be awarded garnishment

[Gatorfan#1]

What is the name of your state (only U.S. law)? Florida originally, but now Mississippi

A debt collector stopped drafting my account per a previously agreed upon settlement and is now seeking legal action in way of wage garnishment.

I will try and make this as direst as possible. The easiest way is just to give a timeline.

1. Summer 2015 Florida: Started receiving calls from a debt collector for a $2000 legitimate debt. I basically blew them off and told them I would deal with it when I was employed again. --this went on for months.

2. Summer 2016 Florida: Received a notice to appear in court or respond by a certain date. I contacted the attorney for the collection company and paid $800 and agreed to 100/month for twelve months. I had only a couple days to respond and mail a notarized agreement back. The legal papers they mailed me were dated almost 30 days prior to the postmark on the outside envelope. Its like they wanted me to miss court. Under legal advice I went to court just in case they hadn't dismissed their claim. Sure enough the same lawyer was there and acted liked they had no idea we had already arranged payments. (a lawyer told me they were trying to get a judgement against me just to secure their position - I have no idea though) Either way, all parties left in agreement as to the repayment terms - no judgement by the court.

3. Made payments through December 2016 via bank draft bringing the balance to $1000. (moved to MS in October this may be of importance, I don't know)

4. January 2017: they never drafted the account again, I always left $100 in the account just in case.

5. July 27: I receive an affidavit stating non-compliance to an agreed upon settlement etc. It didn't require a response or give a court date just a phone number to the debt collector. Now this may be important, as before with the summons, the paperwork was dated July 1 and I received it the 27th. I called the number and they "couldn't answer any questions or give out any information" per their legal department. They did say it was being transferred to MS and was no longer with "legal collections" (I think thats what they called it). They also added 300 to the debt for legal fees.

6. August 3: received paperwork from the presiding court ordering to provide information about my income, debt, etc. I have 45 days to reply. This paperwork was dated July 27.


I would love to be able to argue that the money was there, they didn't take it, making the debt collector non-compliant, not me.

In my mind the last seven payments were made, they just refused to accept. Therefore the balance is $0 or at most $300. (1000-700...)

I know they pay very little for these debts. and have more than made their money. What kind of action can I take to make them go away. I can't understand why they keep coming after me. It's as if they will garnish my wages or die trying.

I guess my real question is this, since they broke the terms of the agreement, am I still liable?


I would like to add, that I would have paid them eventually without all this aggravation, I just needed to get back on my feet. When you struggle to keep the lights on, credit card debt is not of high importance. All my other delinquent debts have been paid, but these people are impossible to work with.


Thanks in advance

 

[quincy]

What is the name of your state (only U.S. law)? Florida originally, but now Mississippi

A debt collector stopped drafting my account per a previously agreed upon settlement and is now seeking legal action in way of wage garnishment.

I will try and make this as direst as possible. The easiest way is just to give a timeline.

1. Summer 2015 Florida: Started receiving calls from a debt collector for a $2000 legitimate debt. I basically blew them off and told them I would deal with it when I was employed again. --this went on for months.

2. Summer 2016 Florida: Received a notice to appear in court or respond by a certain date. I contacted the attorney for the collection company and paid $800 and agreed to 100/month for twelve months. I had only a couple days to respond and mail a notarized agreement back. The legal papers they mailed me were dated almost 30 days prior to the postmark on the outside envelope. Its like they wanted me to miss court. Under legal advice I went to court just in case they hadn't dismissed their claim. Sure enough the same lawyer was there and acted liked they had no idea we had already arranged payments. (a lawyer told me they were trying to get a judgement against me just to secure their position - I have no idea though) Either way, all parties left in agreement as to the repayment terms - no judgement by the court.

3. Made payments through December 2016 via bank draft bringing the balance to $1000. (moved to MS in October this may be of importance, I don't know)

4. January 2017: they never drafted the account again, I always left $100 in the account just in case.

5. July 27: I receive an affidavit stating non-compliance to an agreed upon settlement etc. It didn't require a response or give a court date just a phone number to the debt collector. Now this may be important, as before with the summons, the paperwork was dated July 1 and I received it the 27th. I called the number and they "couldn't answer any questions or give out any information" per their legal department. They did say it was being transferred to MS and was no longer with "legal collections" (I think thats what they called it). They also added 300 to the debt for legal fees.

6. August 3: received paperwork from the presiding court ordering to provide information about my income, debt, etc. I have 45 days to reply. This paperwork was dated July 27.


I would love to be able to argue that the money was there, they didn't take it, making the debt collector non-compliant, not me.

In my mind the last seven payments were made, they just refused to accept. Therefore the balance is $0 or at most $300. (1000-700...)

I know they pay very little for these debts. and have more than made their money. What kind of action can I take to make them go away. I can't understand why they keep coming after me. It's as if they will garnish my wages or die trying.

I guess my real question is this, since they broke the terms of the agreement, am I still liable?


I would like to add, that I would have paid them eventually without all this aggravation, I just needed to get back on my feet. When you struggle to keep the lights on, credit card debt is not of high importance. All my other delinquent debts have been paid, but these people are impossible to work with.


Thanks in advance

The way to make the debt collector go away is to pay the remaining amount owing on the debt. Once you pay in full, make sure the debt collector provides you with a satisfaction of debt document and reports the payment in full to the credit reporting agencies.

 

[Zigner]

4. January 2017: they never drafted the account again, I always left $100 in the account just in case.

Let me restate that for you: As of January 2017, you KNEW that no further payments had been made, thus putting you in default. For six months you failed to make payments as agreed and now you are being called back to court over it.

 

[Gatorfan#1]

Thanks for the responses.

The debt collector would only take payments by bank draft, or so they claimed. So when they stopped drafting the account how is that my fault? I agree with your logic, but I'm not the one who broke the terms of the agreement.

So had I mailed checks and they threw them in the trash would that mean I was not paying or trying to pay them?

Not being argumentative, I just don't understand that.

Secondly, is it not suspect that the affidavit arrived at my house the day the judgement was signed? That's not much time for me to respond.

I don't think it's a conspiracy or anything, but why stop talking payments and go back to court? That's just stupid.

 

[Zigner]

Thanks for the responses.

The debt collector would only take payments by bank draft, or so they claimed. So when they stopped drafting the account how is that my fault? I agree with your logic, but I'm not the one who broke the terms of the agreement.

So had I mailed checks and they threw them in the trash would that mean I was not paying or trying to pay them?

Not being argumentative, I just don't understand that.

Secondly, is it not suspect that the affidavit arrived at my house the day the judgement was signed? That's not much time for me to respond.

I don't think it's a conspiracy or anything, but why stop talking payments and go back to court? That's just stupid.

Because the money stopped coming in...and you never followed up on it.