Regarding Collection Agenices?

Question

Ok What if you sent the collector two cheques that are post marked and there not happy with it, can they threaten to garnish wages???

They also say that a money order is not good. Ive asked how to pay them but they insist on garnishing but I find for only $53 they should take it. I first person I was dealing with sad post dated cheques where fine. Now this is the next person same company saying no. This is getting really madening

Answer 1

I don't know what kind of collection agency you are dealing with but they seem kind of shady. If they asked for a post dated check and you sent them one then everything should be OK. They shouldn't be calling you anymore unless your post dated check turns out to be a bad check. The agency I worked for never asked for the post dated checks to be sent to us. We set it up to be taken out of your account on a later date. Sometimes we would get post dated checks in the mail anyways and we would hold them untill the date on them.
As far as threatening to garnish wages. They aren't allowed to threaten to do anything they have no intention of doing. Or don't have the power to do it. We didn't have the power to garnish anything. Or take anyone to court. We could tell people if they didn't pay their account COULD be sent to the next level of collections. In reality it was just given to another collector. Or we sent them a meaner letter than last time. But we left it up to your imagination what the next level was. Garnishing for $53? I doubt that would ever happen. I worked on accounts close to $100,000. They were treated the same as a $10 account. Some collectors will do anything to get their money now. It's close to the end of the month. They need to get their money in to get their bonuses. A post dated check won't get them their bonus for this month.
You can request that they don't contact you again. Some will say they need it in writing. You legally don't. But it's a good idea anyways. If the collector doesn't put your no contact request in the notes. You will be contacted again. How long does it take to write a letter that says don't ever contact me again. Really that's all you need to say. If you have any other questions about collections feel free to ask.

Answer 2

Before they garnish your wages they need to obtain a judgement against you in a court of law. If they haven't already sought a judgement, they'll have to go through the legal process and notify you. You can request a hearing, and at that hearing, explain to the judge that you've requested to set up a payment plan, but they refused to do so. Make sure that you keep a log of all conversations (date, time, who you spoke to) and any written correspondence. If they're refusing the checks, request that they send you something in writing stating so.

If a judgement for the debt has already been granted, they may be able to garnish your wages, but I believe that it needs to go through the courts again in order to do so. I would contact a lawyer at that point.

Answer 3

A lot of companies ask for post dated checks but when it comes down to it they are illegal. You are really writing a bad check on account that has no funds. If the collection agency accepts your check there is not much they can say or do. If they refuse the check have them put it in writing. This will benefit you. Legally they cannot call you after you tell them not to. They say different but wrong. If you go through credit counseling or a lawyer they have to call them not you or it's considered harassment. I would seek help from either instead of sending them a postdated check. It hurts you in the long run.

Answer 4

Do you mean post dated? Those are no more than promissory notes as are any checks paid on account.
If either kind bounces they cannot be considered hot checks.
I don't know why the collection agency would worry any more over one than another.

A check which bounces is hot when it is received for goods or services at the moment those are delivered or performed. If they are received at a later time, they become promissory notes on an account. The DA will not consider those as hot checks.

Garnishing wages depends on the state in which you live.

Answer 5

They can say whatever they want, but legally can't do it until it goes in front of a judge who will hear your case. If they win a judgment in court then and only then can they legally garnish your wages.