collections accounts

[NeedyinCA]

What is the name of your state?Ca

I,m trying my best to pay off my bills, but one collection company is saying they are going to levy my checkin account and attach my Paychecks. Can they do this if my Paychecks are already being attached by the State for Child support. I can barely afford anything now, I dont own any real property and they wont budge on negotiations. I got into this mess when my youngest son was born premature, 6 mos in neonatal care at hospital and I couldnt work. Now my son is fine but his mother decided to see other people while I was working and left.

Help

 

[Ladynred]

First of all NO ONE can levy your bank account or garnish your wages unless they sue you FIRST and get a judgment against you. The max that can be taken in garnishment is 25% of your take-home pay. If there is already a garnishment of 25% being taken out, then no other creditor can take any more on top of that - they would have to wait until the first garnishment is satisfied before the 2nd could get any part of your check. They can grab your bank account, and they can sieze any non-exempt assets, if you have any.

Collection agencies LIE and thrive on scaring people into paying - and most of their threats are illegal. To add to that, tomorrow is the last day of the month and collectors really turn the screws to make their monthly quotas, so ignore their stupid deadlines.

 

[NeedyinCA]

I live in LA county and I already have a wage garnishment from them. they are a bear to deal with to lol. Anyways the collector does have a suit already against me so. I called my bank they said the levy is a one time shot that they can take my money in my account, its not a repetetive deal. As for the Wage garnishment I scared that they can attach my pay also then I,m sunk for sure.

 

[NeedyinCA]

good god

Ok I just paid off a major debt. I have been using my credit reports to pay off these collection accts. NOW some other collection acct just came out of the wood work. Problem is it is more than 9 years old and has fallen off all my credit reports. If I advise them that the SOL has expired can they still collect. they are wanting almost 3 times the amount because of accrued interest.


GRRRRR when will it end.



P.S. You know why divorces are so expensive Cause they are Worth it.

 

[Ladynred]

Write them a cease and desist and tell 'em to go pound sand - the debt is time-barred. Send it certified, RRR.

The Cease and Desist should stop them, but they might also just sell it - again. Unfortunately the SOL just means they have no LEGAL means to enforce collection, they can try to collect until hell freezes over. Just keep the SOL letter handy and modify for the next bozo CA that comes along sniffing around for money.

Oh, and if you haven't opted-out with all 3 bureaus, do so immediately. That will lessen the chances of another garbage collector being alerted to activity on your reports and coming out of the woodwork.

 

[NeedyinCA]

I called this outa the woods Ca and they say that the last "activity" on this account was in 2003 doesnt Activity constitute a payment. because I haven,t made a payment on this in more than 7 years. He said well you can dispute it and we will verify within 30 days then begin reporting it again to the credit bureaus

 

[Ladynred]

Do not EVER believe what a CA tells you !! If you're certain you haven't paid anything in 7 years, then the CA is lying thru his teeth. Is it on your credit reports or has it already dropped off ??

There is NO WAY that they can report it again if it has dropped off your reports. That would be illegal re-aging and a nice violation of the FCRA you could sue them on - in addition to the FDCPA violations they're racking up.

 

[NeedyinCA]

hello LadynRed

Got a nice 3in1 credit report dated 9-22-04 only 3 derogatory remarks left and they are not one of them. So tommorrow the CMRRR letter goes out telling them to get bent or pound sand and cease and desist.


Thanks for allllll your help and everyone else who has chimed in.