I agree with spade_2nite, something doesn't sound right if they are contacting you for payment - if they had recieved a judgment.
Contact your county court clerk and ask if there is a judgment or a suit filed in your name. (You can also go to the clerks office and request to see your file.)
If there is no judgment or pending suit filed, that company is violating your rights. If that is the case - speak with an attorney immediately!!!
If there is a judgment filed and you had been properly served, check your state statutes for the exemptions in your state.
For example - exemptions "may" mean that they cannot garnish your wages, take your car, take funds from your bank account etc. It all depends on "your" states exemption laws.
After you check with your county court clerk and find that there is or is not a judgment against you, it may be best to speak with an attorney. There are many attorneys that will give a free first consult
Also, I would suggest purchasing a tape recorder and the next time they call, tell them that you are recording the call. Some states allow you to tape without informing the other party that you are taping, you would have to check your state laws on that. But, if you cannot find your states laws on taping, then be sure to inform them you are taping when they call.
Tell them that recieving phone calls at your home and place of employment is inconvenient for you and that you are requesting they contact you by the U.S. postal service only - be sure to have that on tape. By law, if you tell them to cease calling - they are "required" to stop calling.
If there is a judgment against you, filing for bankruptcy may not be the wisest thing to do - depending on the dollar amount of the judgment and your other debts.
I have included a link so you can check your states rules of service
2006-06-18 13:05:12
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answer #1
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answered by echo 7
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something doesn't sound right. if they got a judgement against you, they probably would already be garnishing you. they probably would've asked for it while they were in court.
If they are calling you at work, I would report them to your states attorney generals office for harrassment. Not sure if it would do any good, but you could mention it to the creditor to get them to slow down a little.
And I would talk to who has the bill and ask what kind of payments I can make.
Here is a link that will let you know some of your rights by law. Hope it helps :).
2006-06-18 11:33:12
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answer #2
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answered by ? 3
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Ok, lets see if I have correct.
1) You were sent a statement for a balance owed. You didn't pay it.
2) Then after an extended period of time, the item(s) in question was turned over to a collection agency. You still didn't pay it.
3) After yet another extended period of time, the collection agency filed suit against you, and won. You still didn't pay it.
4) Since the judgment, and I take it, you still haven't paid it, they are set to garnish your wages.
Has it ever occurred to you that if you had paid this bill "months" ago, you wouldn't have this problem?
PAY THE STUPID BILL.
2006-06-18 13:14:07
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answer #3
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answered by Anonymous
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Let them garnish your wages, at least this way you can prove the are getting paid. and you really do not have much of an option.
As far as the harrasment, inform them once they start garnishing your wages they is no reason for the harrasment and you will block there calls through your phone company and
that you know your right to report such activity to the Better Business Bureau in your area.
2006-06-18 13:49:11
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answer #4
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answered by vkewl182 3
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There's not a whole lot you can do. If they got a judgment for a garnishment, which your employer has to abide by, unless you work for the federal government, they should no longer be calling you.
2006-06-18 11:18:03
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answer #5
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answered by MzMo 4
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Tell them nicely that you know you owe them - send them 5 bucks as a measure of good faith - cut back your expenses, too, like your internet access (ouch). Ask them nicely also, to stop calling you at work - yes do it nicely. I'm pretty sure that they must stop contacting you at work if you ask them to. Talk nicely to them on the phone if you have to talk at all. Your calm demeanor will go a long way I think. It can be considered harassment if they do not stop calling you at work.
2006-06-18 11:18:35
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answer #6
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answered by Fun and Games 4
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OK, first thing, take a big, deep breath and try to settle your nerves
a little. I've been in your shoes, and while it's not a pretty
situation, I learned a lot from it.
2006-06-18 11:49:24
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answer #7
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answered by emma882 2
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if they're ready to garnish your wages there's nothing to do
they're gonna take the money from your pay cheque
you should've tried to pay them before it was gone this far
2006-06-18 11:22:28
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answer #8
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answered by Anonymous
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you should have worried about this a long time ago...what happened when they were contacting you and sending you letter OR even when they took you to court......now you should pay and soon cause they are going to charge you intrest on the judgement
2006-06-18 11:23:23
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answer #9
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answered by baseballjedi 3
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only thing really to do is hire a attorney that way you can stop the harassment
2006-06-18 11:16:30
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answer #10
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answered by ? 3
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