When my husband was married to his ex wife, they accumulated credit card debt. In the divorce, my husband's ex wife was ordered to pay the credit card debt but she committed suicide a few months later so my husband is now back to having to pay it. We tried to set up a payment plan with them but the payments they are demanding are more than we are able to afford in a month and they refuse to take a lower payment than what they are asking for. They keep calling us and harrassing us and are threatening to get the sherrif to take our personal items away and called last night demanding our bank account numbers. We refused to give them to them and they asked what bank we went through and said they didn't need the account number just the name of the bank. Can they take money from our account without us consenting to it?
2007-03-27 08:27:56 · 9 answers · asked by i_just_wondering 1 in Politics & Government ➔ Law & Ethics
You need to send these creditors that are harrassing you a copy of the judgment of divorce, along with a letter stating your intent to sue them if they continue with their threats and calls. In the letter, demand that they cease and desist their efforts to collect on a bill that was ordered by a judge to be paid by his ex wife. If the company continues the harrassment, or threats, then contact an attorney. What they are doing is illegal, and you could certainly sue them for it.
2007-03-27 08:44:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No, they cannot harass you in an attempt to collect a debt. Keep a log of the harassing calls and contact a legitimate credit counseling service(some of these are just as bad or worse than the collection companies) to get help.
And no, they cannot take your money from your account without a court order. Do not give them any personal information.
2007-03-27 08:33:25 · answer #2 · answered by meathookcook 6 · 1⤊ 0⤋
I know in my state that they cannot do what they are doing to you. It may be very illegal for them to threaten you in this way. You may need some legal help with his ex-wife's debts. Don't ever give our any info to anyone over the telephone or on the computer. Your bank account cannot be attached without a court order.
2007-03-27 08:52:36 · answer #3 · answered by Jean 1 · 0⤊ 0⤋
They are breaking the law. Let them know you know it.
You will know if real court action is taking place, because you will be summoned to court at the beginning of any action.
For more accurate info, talk to a lawyer in your area, because what the creditor can and can't do with any judgment they might get in court varies from state to state. For example, where I live, a judgment on unsecured debt like credit cards cannot be attached to wages, but in some places it can. So talk to somone in your state familiar with the collections process.
2007-03-27 08:39:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't know if bill collectors have that power, but if it was me, I would refinance my home or get a debt consolidation loan and find some way to pay them off and stop the calls. In the past we have negotiated with the creditors and had the amount of debt reduced.
2007-03-27 08:35:18 · answer #5 · answered by smartypants909 7 · 0⤊ 0⤋
They probably can do it. I'm not sure of the details.
Call a lawyer or go to Legal Aid and find out what your rights really are. First find out if what they're doing is legal and get some decent representation since the original judgement did not include YOUR paying. They may not have the right to go after you.
2007-03-27 09:18:17 · answer #6 · answered by M☺lly, RN 6 · 0⤊ 0⤋
Meathook said it best! Actually he gave you very sound advise. AS LONG AS YOU ARE PAYING THE BILL, then they should stop with the phone calls. You may also request to talk with a supervisor and tell them that you are paying what you can faithfully every month and would like phone calls to stop. If they don't THEY WILL BE HEARING FROM YOUR ATTORNEY. I would suggest also following what meathook advised as well. Good luck to you.
2007-03-27 08:57:13 · answer #7 · answered by be happier own a pitbull 6 · 0⤊ 0⤋
You have rights.
.
Report them to the Federal Trade Commission (FTC). Look over the FTC's guidelines for collection agencies http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm
If the company is in violation, you should file a complaint and let the company know that you are reporting them.
Here's how you file a complaint: https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01
2007-03-27 08:39:11 · answer #8 · answered by truly 6 · 0⤊ 0⤋
you need to get a recorder, tape all the phone calls and get yourselves an attorney. they can not do that, and if you file a law suit, they will have to wipe out the bills. dont give up on this, tape the calls and then call an attorney. you will win! good luck!
2007-03-27 08:37:05 · answer #9 · answered by buzyb 4 · 0⤊ 0⤋