They have no authority to garnish your wages without first getting a court judgement against you. That means they have to sue you first and get that judgement.
It may be a legitimate debt, but you do not have to agree to any of those terms.
A collection agency is required by law to supply you with proof of debt in writing within 5 days after contacting you. Tell them you want that proof.
Also, many states have statute of limitations as to how long a debt is valid. In what state were you living when the debt occurred? Then go to the link below and find out what the statute of limitations is.
Also, read the Fair Credit Collection Practices Act I've linked to below, a piece of legislation that spells out exactly what collectors can, cannot and are required to do. It'll take you about 10 - 15 minutes to read and is not too difficult to comprehend.
If they become abusive, tell them in writing that they are not to contact you any further about this debt according to the provisions of the Fair Credit Collection Practices Act. If they do so again, you'll sue them.
Bottom line, if it's a legitimate debt still within statute of limitations, you should probably make a deal with them. Under no circumstances pay them one penny until you have the deal in writing stating the terms and that they will mark the debt "Paid in Full."
2007-01-24 10:32:53
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answer #1
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answered by Uncle Pennybags 7
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Their is no such thing as garnishing taxes. If you owe back child support, student loans, or taxes, your tax refund can be taken to pay those debts. Private creditors can never take you tax refund directly. If they get a court order, they can garnish the bank account you deposit it in. Next time they contact you, ask for a WRITTEN detail of the debt and a settlement offer. If they won't supply this, they are not legitimate. If they said you have 30 minutes (1/2 hour) they were lying. Unfortunately, that is not uncommon among debt collectors. It is illegal, but they count on people not knowing the rules and being too scared to find out.
2007-01-24 12:25:50
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answer #2
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answered by STEVEN F 7
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first off, this sounds like it could be a con. it is simply amazing to me that a respectable lendor would wait 6 yrs to try to collect. I would go and check my credit records and whatnot to make sure there's nothing amiss.
second, noone can garnish your taxes. the government is gonna insist that it be paid before anyone else, including old creditors. it is possible that your wages could be garnished, but i think that would require a court injunction first.
third, my understanding is that many states have a statute of limitations on when they can go after old debts. i think the rule is usually 7 years (dont recall where i heard that though). if this is a legitimate creditor, then that may explain why he is willing to forgive so much of your debt.
at this point, other than checking to make sure that there's been no identity theft (wouldnt suprise me if there was a malicious ex), i would recommmend sitting tight and letting this person take the next step.
2007-01-24 10:25:48
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answer #3
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answered by Jeff G 2
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No creditor can garnish your wages without a court order. It is the creditor that has to prove that you incurred a debt. If your ex used the credit card while you were seperated but still married, make sure that she is surpeanored to appear at the court case.
The judge may rule that the ex is responsible for the bill.
2007-01-24 10:31:47
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answer #4
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answered by whatevit 5
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yep thats what the government does in case you owe debt they take it out of your wages. If a danger i could call that creditor and discover out how lots it is so that then you definitely have not have been given your wages being taken over. in case you think of you will fall in financial disaster, get one in all those financial disaster managers to organize to pay debt and each little thing else. i do no longer comprehend lots on tax gadget whilst it is composed of financial disaster. i could ask whoever does your taxes that question. Yep credit enjoying cards are evil, thats why i take advantage of money or verify whilst it is composed of paying for issues. they are in a position to be powerful to purchase issues yet many human beings forget you nevertheless owe what you acquire and that they have not got adequate capital to pay what they offered on credit/debit. As I wrote formerly, those are your terrific steps to get well and be in solid shape.
2016-11-01 04:56:46
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answer #5
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answered by ? 4
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