One Bad Day!

[summerbreeze65]

I was finally paying off my creditors. Did really good. Got rid of $3000.00 of credit card debt. Now, time to pay the hospital bills, then BOOM! here come a past creditor of 7 years ago who found out I paid off the other credit card companies. I had totally forgot about the creditor. I had moved several times and thought I had paid it off. Now they are hounding me at work and I asked if I could set up payments and they laughed. I asked what it would cost to pay off debt and if I could get some off and now they are going to garnish my wages I think. They called for me at work today and I wasn't there and my boss called me at home to tell me that they wanted the corp. office for info about my income. I am scared. I have really worked hard NOT to file bankruptcy. I am a single mom and my income is limited. I am really trying hard. I have $5000.00 left to go, including these people who are harassing me. I realize it is my fault. I had a really bad operation and still paying for the rehab and injections I have to have. I am doing the best I can. I can't take them calling me. It is embarassing. I feel degraded. Just when I felt relief of trying to pay off my debt, here comes trouble. And I am in it deep. If they garnish my wages, I am in big trouble. I will not be able to pay off any of my other bills. I do not qualify for welfare I make too much money according to my state. I make gross weekly $300.00 and after deductions I make net $175.00. Can they garnish without a court date? Do I get a chance to go before a judge before they take my check? HELP!!
Summer.

 

[I AM ALWAYS LIABLE]

I was finally paying off my creditors. Did really good. Got rid of $3000.00 of credit card debt. Now, time to pay the hospital bills, then BOOM! here come a past creditor of 7 years ago who found out I paid off the other credit card companies. I had totally forgot about the creditor. I had moved several times and thought I had paid it off. Now they are hounding me at work and I asked if I could set up payments and they laughed. I asked what it would cost to pay off debt and if I could get some off and now they are going to garnish my wages I think. They called for me at work today and I wasn't there and my boss called me at home to tell me that they wanted the corp. office for info about my income. I am scared. I have really worked hard NOT to file bankruptcy. I am a single mom and my income is limited. I am really trying hard. I have $5000.00 left to go, including these people who are harassing me. I realize it is my fault. I had a really bad operation and still paying for the rehab and injections I have to have. I am doing the best I can. I can't take them calling me. It is embarassing. I feel degraded. Just when I felt relief of trying to pay off my debt, here comes trouble. And I am in it deep. If they garnish my wages, I am in big trouble. I will not be able to pay off any of my other bills. I do not qualify for welfare I make too much money according to my state. I make gross weekly $300.00 and after deductions I make net $175.00. Can they garnish without a court date? Do I get a chance to go before a judge before they take my check? HELP!!
Summer.

My response:

Why did you purposefully delete the "State Name" question?

IAAL

 

[summerbreeze65]

Sorry, Indiana.

 

[summerbreeze65]

Actually, this site is different than when I visited before. It did not ask me this time for my state. Did this site update recentely?

 

[Ladynred]

First of all, these calls to your employer are a scare tactic - and its working. NO ONE can garnish your wages without a court order ! That means they have to follow the legal process of filing a lawsuit, serving you a summons, and then going to court to get a judgment. If you've not been sued, then they can't do SQUAT except terrorize you - and they can only do that if you LET THEM.

Next, you say this debt is 7 years old, is that the last time you paid the ORIGINAL CREDITOR ?? If it was 7 years ago, the Statute of Limitations has EXPIRED if it was a credit card debt. That means that IF they sue you, you have an absolute defense against them and you can have the suit thrown out.

So, its VERY important that you figure out exactly when you last paid the original creditor. If its past the SOL - which is 6 years in IN - then you can safely write the collection agency a cease and desist letter and tell them to go pound sand - the debt is time-barred.

Who is the collection agency calling you ?

 

[I AM ALWAYS LIABLE]

Next, you say this debt is 7 years old, is that the last time you paid the ORIGINAL CREDITOR ?? If it was 7 years ago, the Statute of Limitations has EXPIRED if it was a credit card debt. That means that IF they sue you, you have an absolute defense against them and you can have the suit thrown out.

So, its VERY important that you figure out exactly when you last paid the original creditor. If its past the SOL - which is 6 years in IN - then you can safely write the collection agency a cease and desist letter and tell them to go pound sand - the debt is time-barred.

My response:

Our writer never told us the State name where she applied for the credit card. That would be the State that controls the Statute of Limitations; not necessarily Indiana. Remember, she said she moved around.

Let's hope she didn't get the card in Ohio - - or she's screwed.

So, writer, in what State did you apply for the card?

IAAL

 

[summerbreeze65]

Providian, my last payment with them was in 1997 or close, very close to 98. I wouldn't even know how to find that out. Anyway, she made a comment like, "tag your it" and laughed. I wasn't sure who it was until I asked, "ok, and who is this?". She is a real cocky one! I tried to be nice to her. And she said she is recording the conversation. I told her I could only afford 20.00 a month until I can pay her off with my next tax check and she said she couldn't wait that long. She asked me if I could go give blood, and I just hung up on her. The other creditors were nice and let me off with only paying half of what i owed. Not this one, she a real ****.
Summer

 

[Ladynred]

She would NOT be screwed - the SOL in OH on a credit card is 4 years, at worst its 6 - there's some argument as to which part of the statute applies, but its NOT 15 years if its a credit card.

Per the FDCPA, IF she is sued to collect a debt, they must sue her in the state where the account was opened OR where she resides NOW - which is IN. Most of these CA scumbags aren't going to sue in a non-resident state because the judgment would not be enforcable there unless they spend the extra $$ to domesticate the judgment to IN. If they drag her into court, the SOL where she's sued will apply.

 

[summerbreeze65]

LOL. Indiana. Never moved out of state. Been here all my life.

 

[Ladynred]

If the last time you paid Providian was more than 6 years ago, then all you need to do is send the witch at the collection agency a total cease and desist letter. You do NOT have to pay them anything, in fact, you don't want to, it will NOT help your credit. Pull your credit reports - all 3 of them. See if this old debt is still on your reports. Look for the date of last activity or the charge-off date. If either of those dates is MORE than 6 years ago, you're out of the woods, save your money !!

In the cease and desist you tell them never to contact you about the debt again as the debt is time-barred.

Here's a great letter to use just for this purpose:

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

If the date of last activity was 97/98, this thing could be already OFF your reports, or just about to drop off. Once it drops off, it won't hurt your credit report any more - one less negative to worry about.

 

[summerbreeze65]

I am laughing now. I remember I had to first speak to a man, who put me on hold. Then he came back on and said, please hold for the next operator. I am reading what you are writing Lady, and putting 2 and 2 together, I think they know it is too late. You are right. They kept fumbling on the phone and asking for my payment. I am going to get a copy of my report right away. Thank you for the info.
So, it will tell me the last time I paid them?
Summer.

 

[I AM ALWAYS LIABLE]

She would NOT be screwed - the SOL in OH on a credit card is 4 years, at worst its 6 - there's some argument as to which part of the statute applies, but its NOT 15 years if its a credit card.

My response:

Who the hell said anything about 15 years?

Indiana "Open Accounts" Statute of Limitations is 6 years, and I mentioned Ohio, as an example, BEFORE she said when she last made a payment on the account. For all I knew at that moment, she made her past payment in 2001. But, now we know she estimates that somewhere in 1998 was the date of her last payment, which under Indiana law, would make her free and clear.

IAAL

 

[summerbreeze65]

Can I just hang up on these people at work without saying anything until I can get a copy of my credit report?
It takes a credit card of all things to get it on the net, and I do not have any! LOL.

 

[willingtocope]

Absolutely..

Rule number 1...never, ever, talk with a collection agency on the phone. As soon as you find out who they are, find their address and send them a letter stating that they are only to contact you in writing and ask for validation that the debt is yours.

You need to check up on the provisions of the Fair Debt Collection Practices Act. The FDCPA has rules for collectors to use and penalties for CA's that don't follow them. It sounds like you have these people on several violations that you can use against them.

 

[Ladynred]

I don't see any need for validation at this point in time, the debt is SOL and all that's needed is a C&D letter to make them go away.

This CA, whoever it is, does sound pretty disorganized, but its all a ploy to try to intimidate you. Don't believe that you ever get a 'supervisor' on the phone - its just he person at the next desk over in the CA's office.

Your credit report, if this Providian account is still on the reports, should show a 'date of last activity' - that should be the last payment date. You can also use the charge-off date. Subtract 180 days from the charge-off date and you should have a pretty good DOLA to use for figuring the SOL.

Negatives stay on your reports for 7 years plus 180 days - basically 7 years from the charge-off date. Collections cannot survive the obsolescence of the original debt, so if Providian HAS dropped off, the collection account must drop off too.