collections and garnishment

[misslawli]

What is the name of your state? AZ
I am typing this for a friend of mine. She got a credit card in 1998. After she got it she lost her job and lived off of the credit card for 6 weeks. she has not used the card since the fall of '98 and tried making payments but they got out of control. She made her last payment in dec. of 1998. She got a call at work saying that the person she talked to was a collection agent and told her If she didn't make a $300 payment by next friday, they would be garnishing her wages. Can they do this?? another friend of hers said they can not but she wants to know for sure. She said that she could make payment of $50 a month and more on most months, but the agent told her that she needed to make 3 payments of $300 and $50 a month was unnacceptable. She acknowledges the debt and would like to take care of it but $300 to pull out of her.... in a week is to difficult right now. Any help is appreciated.

 

[Ladynred]

NO ! She should not pay them ANYTHING !!!

The statute of limitations in AZ for being sued to collect on a credit card debt is THREE YEARS ! So, the SOL ran out in 2001 if the last payment was made in 1998 !!!

She does NOT have to pay them, all she needs to do is send this scumsucking collection agency a letter telling them to never contact her again about the alleged debt as it is TIME-BARRED per AZ statutes.

Here is the letter she needs - and the statute to fill out the letter is on the same site:

http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

Send the letter certified, return receipt requested and keep copies of everything for a long time to come.

Their deadlines are bogus, they are trying to scare her - don't give in to their illegal threats. She should NOT talk to them at all, just send that letter. If they call her at work again, she needs to tell them that per the Fair Debt Collections Practices Act (FDCPA) she is informing them not call her ever again, especially not at work as her employer does not allow personal calls .. then she needs to hang up - loudly. That is all the notification they need to know that they can NOT call her at work.

FYI, NO ONE can garnish wages w/o first suing you and winning a judgment - and on this dead debt, if they sue her they're REALLy stupid because they will lose on a time-barred debt.

 

[misslawli]

thank you.

I passed on the info to my friend, she is greatly appreciative. Thank you.