credit card collection and wage garnishment

[unix7481]

i live in wisconsin. before i was married i racked up some credit card debt with 4 different companies. 1 is settled and 2 others have set up payment plans. the fourth oen is a real booger though. they told me i could set up a payment plan of $50 a month when they contacted me in January this year, and that when i got more money i could up the payments(in about 5 months, maybe less). i gave them my debit card information and they never took out any payments. when i called they said they would look into it. now it is may and they called and told me they were sending it to another firm and would be suing me unless i came up with the full amount $2200 today. i do not work. i have no income what so ever. can they garnish my husband's wages even though it is from before we were married and his name is nowhere on it or involved? i am willing to make small payments for a few months and then make larger ones, paying it off in about a year like they said i could. what are my options?

 

[Jeter]

Your husband is safe. When it comes to credit card debt, marriage plays no part in repayment to the company. Married, single, divorced, whatever. Whoever's name appears on the card pays. Credit card companies don't care about outside circumstances. Their primary concern is that the cardholder pay. They may be able to get a judgement against you if they really try.

I would suggest speaking to a supervisor at the collection agency. Call them. Don't duck them. Try to set up a payment plan with a supervisor. Collectors are paid by commission based upon how much they collect. Most supervisors are salaried and may possibly get a small commission. They will be more flexible in handling payment arrangements.

One other thing. If they truly threatened to sue you, by law they must follow through!!!. Otherwise it's considered harrassment and you can sue them! A collection agency cannot make false threats to sue. They can allude to "possibly taking further legal action", or something of the sort, but cannot directly say they are going to sue you unless they follow through.

Hope this helps

Jeter

 

[unix7481]

ok great so my husband is safe. we own no property(yet) and even if we were to buy a house in a few minutes my name wouldn't go on the papers for awhile. I have a car in my name and my fathers name. Is it safe or should I transfer it to my husband's name? should I make our joint checking account into his account? i don't want our account frozen at all. i tried to takl to a supervisor and the person that they connected me to and claimed to be supervisor said that if they were to do a payment plan it would have to be for the full amount(which I have no problem with) plus at least $1000 in fees because they are a law firm not a collection agency. That is a lie. They are a registered collection agency. Today the woman who has my account called me a liar and told me "Fu** You B****!" for not agreeing to pay her today. I know I can report her for that(and I did file an online complaint with the FTC) . How do I go about suing them for the law suit issue? How can I prove that they have no intentions of suing me? Thanks.

 

[Jeter]

If they are seriously going to sue you then you will be served papers within approx. 30 days or so. However, if they were going to sue you, they wouldn't be harrassing you at the same time. *This is my opinion* but I highly doubt they are in the process of litigation.

One thing to note: Collectors are nothing more than telemarketers who are paid a commission to scare debtors into paying. The same person who is trying to collect your money can very well be selling chimney cleaning service part time on the weekends. There are virtually no prerequisites to be a collector (maybe a HS diploma or GED). There is no license or continuing education required to be a collector. Because of this, many collectors step over the line and break the law because most debtors think they have little rights. This is so far from the truth.

Many people don't realize this but the best bet when dealing with collection agencies is to be PROactive, not REactive every time they call. I would certainly recommend sending this agency what's called a "cease and desist" letter. IAAL (member of this group) had outlined a standard cease and desist letter in a previous post. Maybe you can reach out to him and get a copy. However, you can write this letter on your own. Simply type up a letter with ALL pertainant info (account#, their info, etc) and send it CERTIFIED MAIL to the agency. The letter should say in no uncertain terms that you want this agency to cease and desist all contact via phone about your debt. They must comply. As a result, the law states that all further contact must be by mail only. If they contact you by phone after reciept of that letter, GET A NAME! Do not answer even 1 question that they may ask you. Just get a name (even if it's a phone alias). Then hang up and contact a lawyer immediately. You now have a case.

Remeber one thing: You must make payments on your debt, even if it's $25 a month, otherwise you won't have a leg to stand on. If you do send any kind of payment consistently, you should be safe.

Hope this helps

Jeter

 

[unix7481]

Thank you. I plan on sending a c&d letter this week. Since they told me that they are sending my account to another agency, should I send my payment to The collection agency that I know has it and that I am sending my c&d to or to the original creditor? The original creditor offered me a settlement last month, but I didn't have $1500 at the time, nor do I now and I think they said they wouldn't set me up a payment plan. I would rather go through the original creditor then give a dime to the rude collectors who swore at me and woke my daughter up when they called after 10. But if I have to pay them I would.

 

[Jeter]

The original creditor is the one who "sicked the dogs on you" in the first place! They hired the collection agency to get their money back. Believe it or not, the original creditor will be LESS flexible in terms of payment plans because they don't focus on that. That's why there are collectors.

Don't waste your time sending the c&d letter to the creditor. They aren't calling you. Send it to the collection agency who is calling you now. Keep a copy for your records. If the account goes to another collection agency and they harass you, pull the same template off your computer but change the name of the agency and send the exact same letter to them.

Hope this helps

Jeter