collections calls

[cg8455]

What is the name of your state? Texas
Last year after my husband left me and I was behind on my credit card bills I got behind on several. I sent letters telling them of my state and told them I was paying what I could. I considered bankruptcy but could only come up with half the money. Of course I my interest went throught the roof and I was charged with late payments and interest. After about 6 or 7 months of harrassing calls I stopped paying all together. I know this isn't right but my small attempts were being laughed at. During this year I had my youngest son sent to prision for selling pot and my middle son committed suicide leaving to small children that I am trying to help.

I have been receiving the usual calls but yesterday I had a call from a gentleman saying he was from the Board Of Attorney's (whomever they are) and an audit was being ordered on behalf of this credit card company of my bank, the lender of my automobile and another credit card. Can these company's legally give out personal $ information about me? I also had a call from him last week telling me they were suing for Breach of Contract. I own nothing and owe on anything I have. This is a civil matter is it not? I didn't think the courts got involved with this. If they do and I have no money what happens if I don't appear?What is the name of your state?

 

[JETX]

I have been receiving the usual calls but yesterday I had a call from a gentleman saying he was from the Board Of Attorney's (whomever they are) and an audit was being ordered on behalf of this credit card company of my bank, the lender of my automobile and another credit card. Can these company's legally give out personal $ information about me?

Depends. First, I have no idea who this 'Board of Attorneys'... is, why they are contacting you or what 'information' you are referring to.
However, a general answer is... yes. Your creditors can report your credit activity as long as the information they provide is ACCURATE.

I also had a call from him last week telling me they were suing for Breach of Contract. I own nothing and owe on anything I have. This is a civil matter is it not?

Again, your post is missing information as to who this 'person' was and what claim they are making... however, a general answer to your question is yes, 'breach of contract' matters are heard in civil court.

I didn't think the courts got involved with this.

HUH??? That makes no sense at all. The civil courts are the appropriate forum for hearing complaints like this.

If they do and I have no money what happens if I don't appear?

Then they get a default judgment against you and can pursue that judgment pretty much forever (Judgments in Texas are valid for 10 years and renewable).

 

[Ladynred]

I had a call from a gentleman saying he was from the Board Of Attorney's (whomever they are) and an audit was being ordered on behalf of this credit card company of my bank, the lender of my automobile and another credit card.

Wow.. what a CROCK of garbage !! There is no such 'board of attorneys' and their 'audit' is baloney. I swear, these debt collectors are really on some stiff drugs to come up with fairytales like this !

Your 'small payments', while all you might have been able to do, were not what you agreed to pay in your credit card agreement and they are not obligated in any way to take less than that. So, your small payments couldn't bring the account current and they eventually charged-off the account and passed it on to a collection agency or junk debt buyer. Some of them WILL sue you, but a lot of them do nothing but make threats to intimidate you into paying. Many of them break the law in the process, they thumb their noses at the Fair Debt Collection Practices Act (FDCPA).

The question here is WHO was calling you ? Did you get a name of the company ?? How long ago did you quit paying the ORIGINAL CREDITORS ??

 

[cg8455]

thanks

Depends. First, I have no idea who this 'Board of Attorneys'... is, why they are contacting you or what 'information' you are referring to.
However, a general answer is... yes. Your creditors can report your credit activity as long as the information they provide is ACCURATE.


Again, your post is missing information as to who this 'person' was and what claim they are making... however, a general answer to your question is yes, 'breach of contract' matters are heard in civil court.


HUH??? That makes no sense at all. The civil courts are the appropriate forum for hearing complaints like this.


Then they get a default judgment against you and can pursue that judgment pretty much forever (Judgments in Texas are valid for 10 years and renewable).

If I own nothing and owe on everything what can they lien or judgement?

 

[Ladynred]

If you have no property now, they can't lien anything, but that doesn't mean that a lien couldn't be placed on any NEW property you might have in the future. The judgment sits there and they wait until you DO have something to take. They will have the right to drag you into court every now and again to reveal all your assets and financial info and employment info.

It's not what you do or do not have TODAY, it's what you might have 2, 5, 10 years from now that they will wait for. In the mean time, they can keep going after your wages and your bank account.

 

[cg8455]

garnish wages

I didn't know they could garnish wages in Texas for something like this. The money that I have in the bank usually end up being an almost negative at the end of each month. There is no extra.

 

[JETX]

I didn't know they could garnish wages in Texas for something like this. The money that I have in the bank usually end up being an almost negative at the end of each month. There is no extra.

Who said that they could garnish wages in Texas. Read the thread again.

 

[cg8455]

How can they go after my bank account?

 

[JETX]

How can they go after my bank account?

Google 'garnishment'.