I have collection agency threatning to garnish my wages and my husbands wages. We live in Arkansas. I have only been married for 3 months and the credit card is from 3 years ago. Does anyone know if they can threaten him or garnish his wages if the debt was occured before the marriage. Also what is the statue of limitations on a credit card. Can't they not come after you after certain period of time? Any information on this would be helpful!
2006-10-09 02:41:01 · 5 answers · asked by faith 5 in Politics & Government ➔ Law & Ethics
It's important to note that based on the question, this is not coming from an original creditor, but rather a collection agency. Based on the age of the debt, this has long since been charged off by the original credit card company, so basically this collection agency bought this account for pennies on the dollar and hope to intimidate you into paying. You have rights in this scenario.
Write the collection agency (certified mail, return receipt) and demand validation of the debt. The SOL in Arkansas for credit card debt (open revolving acount) is three years, so you'll want to figure out when your Date of Last Activity was.
They cannot threaten to garnish his or your wages... this is in direct violation of the FDCPA. The only way they can garnish wages is through a judgement by the courts.
The most important things you can do right now are A) Demand validation (in writing) of the debt by mailing them a certified letter, B) Stop talking to them on the phone -- they can take anything you say and use it against you, and C) Check to see what your Date of Last Activity was on the credit card account. This is the date the last payment was made by your husband. If it is within 3 years, the collection agency COULD sue, but unless they can provide validation of the debt in question, they can take absolutely no legal action.
In fact, if they continue to harrass you, the FDCPA has laws to protect you and you could actually take THEM to court.
2006-10-09 02:55:08 · answer #1 · answered by spire2000 2 · 2⤊ 0⤋
I believe they do have the legal right to come after you, if the credit card was in your name, not your new husband. If his name was no where on the credit card or in their file they cannot garnish his wages. They can, however, garnish yours. Usually, you can set up a payment plan, even as little as $10 a month to get this paid back. Most credit card companies will work with you. But, as this is three years old they may not work with you as much as you would like. I don't think there is a statute of limitations on credit card debt.
2006-10-09 02:51:47 · answer #2 · answered by Deb P 1 · 0⤊ 1⤋
There is a 7 year limit on things like this being on your credit. However, what they are doing now is, right before the 7 year limit is up, they are selling your overdue account for pennies on the dollar to other collection agencies. When they do that, that 7 year limit begins all over again, thus creating a repeating cycle. You should try to make some effort to pay something toward your debt, even if it is $15 a month. That shows initiative and responsibility. You incurred this debt and you should take care of it, even if it is 3 years old!
2006-10-09 02:46:50 · answer #3 · answered by Janelle 3 · 0⤊ 1⤋
They'll garnish 20 to 25 % from your checks! Until the debt is paid. And that's no threat!! They don't care what time of the year is!
2006-10-09 02:45:30 · answer #4 · answered by alfonso 5 · 0⤊ 1⤋
Credit card companies are not in the business of losing money. They'll get their money back.
2006-10-09 02:49:34 · answer #5 · answered by a 4 · 0⤊ 1⤋