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Article on Debts lead to Garnishments

2K views 17 replies 7 participants last post by  Greebo 
#1 ·
#2 ·
Not showing up in court when you get sued is a sure way to make a bad situation worse. Of the 3 examples they gave, only the woman who went before the judge to defend herself came out of it well.

And I am not surprised HSBC is one of the offenders. I'd trust a crack dealer with my money before I'd bank with them again.
 
#4 · (Edited)
I am now going through this, on Friday, April 2nd, I got a call at work about my student loans ( we were swamped) I was told if I didn't co-operate with them that on Friday April 9th that they would start garnishing my wages. I gave them all the info and agreed to call them back when I got home. which I did and I agreed to have them take $149 out of my account on friday the 9th and each month until it is paid off. At first they wanted $16,000+, then $1200, tHen $800, then $500, I explained to them that I had been homeless last year for months and explained our cituation the agreed to waiver the downpayment and only make the monthly payments.

:ache::fan::grrr::grball:

HELP
 
#6 ·
I am now going through this, on Friday, April 2nd, I got a call at work about my student loans ( we were swamped) I was told if I didn't co-operate with them that on Friday April 9th that they would start garnishing my wages. I gave them all the info and agreed to call them back when I got home. which I did and I agreed to have them take $149 out of my account on friday the 9th and each month until it is paid off. At first they wanted $16,000+, then $1200, tHen $800, then $500, I explained to them that I had been homeless last year for months and explained our cituation the agreed to waiver the downpayment and only make the monthly payments.

:ache::fan::grrr::grball:

HELP


HOLD UP RIGHT THERE!!!!!!!!

Exactly WHO is the "them" that you were told would be "garnishing your wages"???

I hope it was someone with a Court Ordered Judgment in their hand. CAuse it sounds to me like you had some shifty "collection" a-hole tell you a big fat lie. I hope you got his/her name cause I would notify the authorities about their illegal practices and judging by the pressure he/she put on you for $16,000 off the bat, chances are they were pushing their luck on what they can and can not do legally.

First of all - They can not "garnish your wages" UNLESS they have a COURT Judgment.

If it were me I'd run right down to the bank and close those account numbers you gave them immediately and re-open my accounts under all different numbers. THEN YOU CALL THEM BACK AND MAKE NEW "ARRANGEMENTS"

I hate to be the one to tell you this but some of these collection agents are notorious for telling you something and then literally "raiding" your bank accounts while swearing they didn't tell you anything of the sort.


Secondly, Give NO ONE your bank account numbers! They WILL raid your bank accounts for every penny and then some. You tell them to send you all the documents they have on the account and once you have verified the account is valid by the documents they send you, then tell them to send you a bill every month for a specific dollar amount that you both agree to and that you'll send them a MONEY ORDER. If they don't want to make such arrangements then you tell them I'll see you in court which when there your defense in court will "I tried to make payment arrangements with them, but they refused to accept them". Make sure you get names and ID # and telephone numbers and addresses for EVERYONE you speak with at this collection agency and keep a record of everything you discuss with them.

Good Luck!

Check the FTC website for more info than what I am posting here below.


What practices are off limits for debt collectors?

Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:

* use threats of violence or harm;
* publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
* use obscene or profane language; or
* repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:

* falsely claim that they are attorneys or government representatives;
* falsely claim that you have committed a crime;
* falsely represent that they operate or work for a credit reporting company;
* misrepresent the amount you owe;
* indicate that papers they send you are legal forms if they aren’t; or
* indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:

* you will be arrested if you don’t pay your debt;
* they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
* legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:

* give false credit information about you to anyone, including a credit reporting company;
* send you anything that looks like an official document from a court or government agency if it isn’t; or
* use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:

* try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
* deposit a post-dated check early;
* take or threaten to take your property unless it can be done legally; or
* contact you by postcard.
 
#5 ·
Followed what advice? To "work" with them? Work with them how...if there is no money you can't work with them. And until you "work" with them the phone calls don't stop.

Biden by the way was behind a huge part of the changes to the bankruptcy law changes along with the bankers. He was on their side. Along with being on the side of the credit card companies. As my momma would say, he was in bed with them. Hmm...wonder why it took a year for the new credit card laws to take effect? Could be because they were both sound asleep..together.
 
#11 ·
Followed what advice? To "work" with them? Work with them how...if there is no money you can't work with them. And until you "work" with them the phone calls don't stop.
I just thought this article may help someone & wanted to see what others thought about it. I wasn't speaking of anyone here at FV when I posted. Seeing the positive of stepping up & appearing it court just seemed encouraging. This issue is spreading around us & I wanted to share some information. I only wish the best possible outcome for anyone dealing with this situation.
 
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#7 ·
Agree with above poster...I've said all this numerous times in the past. And YES...close the accounts from the checking that you gave them the numbers to. NEVER do that. They will clean you out. They know you aren't going to fight it...you don't have the money to fight. Close immediately.

When we were fighting with American Express I told them take it to court..the judge would see we were trying and that would be the end of it.

Close the account...send them money orders..delivery confirmation and signed for. Return receipt requested. Your proof/
 
#8 ·
Yes, thanks for that reminder. Make sure that EVERYTHING you do with these scuz buckets is Certified Mail Return Receipt Requested and send MONEY ORDERS only.

And I have my theories about Biden and his and other certain other politician's bedroom romances with the banks. Very convenient wasn't it? Any surprises how and why everything has turned out the way it has the past few years? Cause I'm not surprised in the least. I think a lot of what has been going on lately was planned very strategically over the past few years for a reason. But that's a whole different thread.
 
#9 ·
Yes, thanks for that reminder. Make sure that EVERYTHING you do with these scuz buckets is Certified Mail Return Receipt Requested and send MONEY ORDERS only.

And I have my theories about Biden and his and other certain other politician's bedroom romances with the banks. Very convenient wasn't it? Any surprises how and why everything has turned out the way it has the past few years? Cause I'm not surprised in the least. I think a lot of what has been going on lately was planned very strategically over the past few years for a reason. But that's a whole different thread.
Okay Greebo, we're not gonna get political here..promise but can I say just one thing??? Pretty please...ok

AMEN SISTER...Planned all the way down the wire....thank you
 
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#12 ·
Just goes to show - putting your head in the sand with regards to finances leads to bad results. Being proactive is ALWAYS the better choice.
 
#14 ·
Niko,
No need to apologize. I didn't understand what you meant... I was concerned something I posted was misinterpreted or that it may have sounded like I meant someone here at FV was "avoiding" their responibilities to deal with debt. I believe FVers are quite different than most. If we see something isn't working for us, we try to find another way. We share information & opinions to help make those difficult decisions a little easier.

Garnishments are just very bad IMO. Perhaps I'm under the wrong impression. I just feel that its one of the most difficult ways to resolve a debt (years of payments, 3-4 times orginial debt amt repaid). I hope anyone facing this "option" would try to settle it in another way if possible.
 
#16 ·
I think, almost positive that even student loans have to have a court order. I do believe that was a scare tactic....and it worked. And they can't get a court order on that short of notice unless they are the President himself.

Learn, get knowledge and go armed and as dangerous as possible. And they aren't allowed to threaten. One reason they don't like to be recorded. Interpretation.

Got caller ID? Get the number and run it by whitepages.com. yellowpages.com. a 1-800 number...you can get that one also 75% of the time.
 
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#18 ·
I think, almost positive that even student loans have to have a court order. I do believe that was a scare tactic....and it worked. And they can't get a court order on that short of notice unless they are the President himself.
Private student loans, true. Federal student loans - my understanding is that they're not bankrupt-able and don't need a court order.
 
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