I'll try to make this quick and simple. Husband has a couple of past debts. He has a non profit company taking care of them by paying a mothly payment and the company sends it. Keep in mind that he hasn't paid anything in a loooong time and is trying to get everything satisfied now.
Once we close on this house he is paying these debts off in full. He called the one attorney representing one of the creditors and told him that he wanted to pay the debt in full once we close on the house and wanted a print out of the full pay off. The attorney sent the payoff print out and is continuing to receive the monthly payment through the nonprofit company.
Anyway, we have had to file two extensions on this house. It has been in the family that is selling it for well over 100 yrs & some redtape has popped up. It will close, it's just taking longer. This attorney said that he is planning on garnishing wages if we don't get this paid in full right away. I think he is full of crap. Is he?
2007-03-13 05:36:29 · 5 answers · asked by zinntwinnies 6 in Business & Finance ➔ Credit
He's full of crap.
You might tell him to read the Federal Trade Commission rules on what debt collectors MAY NOT do. (link below)
He cannot garnish a thing without a judgment anyway and before he could get one, you'll be closed on the house. You might want to check your state laws. Some states, like North Carolina, don't even allow garnishment of wages for debt.
2007-03-13 05:46:47 · answer #1 · answered by Faye H 6 · 2⤊ 0⤋
In any state I know about, he would have to actually SUE you before he can garnish a single nickel. By the time he gets around to getting a judgment, you will have paid it off. (I believe there there is an exception...maybe Rhode Island)
Another note: I urge you guys to get used to handling your finances yourselves. We have been using Dave Ramsey's "Total Money Makeover" book for a few years now. It has really revolutionized our finances & our marriage.
I wish you all the best.
2007-03-13 05:50:43 · answer #2 · answered by Tom's Mom 4 · 0⤊ 0⤋
yes.....first of all....this guy is NOT an attorney.....occasionally you will receive mail dunning you from "yada, yada, yada, attorneys at law"....representing collection ageny such'nsuch....they are not attorneys....this is a scare tactic......HE cannot garnish ANYTHING....you have to go to court first to determine the liability and then a JUDGE will determine if a garnishment will occur....tell this guy to kiss your broke a$$ and get a real life
2007-03-13 05:49:34 · answer #3 · answered by cookiesmom 7 · 1⤊ 0⤋
I think he would have to get a judgement to do that, if he filed today it would take 90 days to get on a court schedule. Hope this helps.
2007-03-13 05:46:08 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Ok I don't know the answer, but a very good resource is www.findlaw.com and http://www.debtadvice.org/
2007-03-13 05:41:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋