a lady from the collection agency hired by capital one told me they are putting a lean against my personal property and that they are going to garnish my wages and that they are going to send some paper work to my boss...can they do that in NJ? i have told them over and over not to call me at work but even when they say they dont call me at work, i have a co worker calling me and saying that the law firm was looking for me. i think hiring a lawyer is going to cost me more that my balance and im not sure what to do. can anyone help? please?
2007-11-19 11:16:29 · 10 answers · asked by mparzy 1 in Business & Finance ➔ Credit
They can garnish your wages if they obtain a judgment. Most companies don't go this far and I am surprised they are doing it over only $800.
Most likely they are trying to scare you into paying, this is a typical ploy by creditors and they do it to many people.
The best thing you can do is contact them and set up payment arrangements. They would rather have you pay $50 a month by automatic withdraw then spend the money trying to get a judgment. You should try to get that set up and take a proactive approach to resolving your debt. Also keep track of the names and times people call you and keep track of what they say and you say. then send a letter to the company with the details of your phone calls and ask if you can make payments. if you respond in writing they have to respond in writing.
By any chance is the credit company ACM Group? they have been doing this to a lot of people, leaving messages that your attorney needs to contact them etc.. This is just a scare tactic and is actually illegal, so keep records of names etc. Once they know that you are documenting all their calls and you made an attempt to set up payment arrangements, they will agree to accept payments.
Just remember you borrowed this money and you have to repay it. There is no way out of that.
2007-11-19 11:29:24 · answer #1 · answered by ADG 4 · 1⤊ 0⤋
I used to work for Discover Card and once the cardholder told us to stop calling work we had to stop. It's illegal to continue to call work after the account holder has asked us to stop. And it costs the company more to hire lawyers and take you to court than it would to just sell your account to a third party agency. I have a feeling it's the third party agency harassing you. If you've gone more than 7 months without making a payment to Capital One chances are they sold your debt to someone else. These people tend to be ruthless. They will scare you into making payments and they're hard to get rid of. The best bet is to just call them and make a deal chances are they'll lower the $800 balance down and let you make payments. This will never leave you so just face it now.
2007-11-19 11:31:54 · answer #2 · answered by Val 3 · 1⤊ 0⤋
This sounds suspicious and sounds like a violation of the Fair Debt Collection Act. A 3rd-party collection agency used by your creditor is required to follow the Fair Debt Collection Act.
It is a violation of this act to pretend to be an attorney or to intimate that legal action will be taken when that is not the case. Remember, collection agencies use fear as their primary means....using bogus legal threats is a favorite trick and a violation of the law.
If they ARE REALLY taking legal action (I doubt it), you are entitled under the Fair Debt Collection Act to speak with the attorney. The next time this person calls you and makes a legal threat....tell them the following:
Per the Fair Debt Collection Act I am requesting to know the full name and license number in the state bar association of the attorney who will be bringing charges against me.
Remember, it is illegal for a collection agents to pretend to be attorneys or to insinuate that an actual attorney is working on your case when this is not true. Any time they insinuate this, DEMAND to know the full name and license # in the state bar association of the attorney involved. If there REALLY is an attorney involved they are required to provide you this info.... If the agency refuses, this is a violation of the Fair Debt Collection Act and you can file charges against them.
Regarding the phone calls, send them via Registered Mail with Return receipt a letter stating:
Per the Fair Debt Collection Act you are to cease contact with me at my place of employment.
Bill collectors cannot take your firstborn child and they collectors have you arrested for not making a payment by sundown.
=============
Fair Debt Collection Act:
§ 807. False or misleading representations [15 USC 1692e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
2007-11-19 11:58:58 · answer #3 · answered by CatDad 7 · 0⤊ 0⤋
I used to work for a collection agency...DO NOT let them bully you. Go to FTC.GOV and get the facts. They are violating the law by harassing you at work. When you get to the site look up the Fair Debt Collection Practices Act. If you have any questions about what to do to make them stop just send me an e-mail I will be glad to help you, or anyone else that's being bullied by collectors.
2007-11-19 11:56:17 · answer #4 · answered by Cookies! 4 · 0⤊ 0⤋
If you do indeed owe this money, then you should contact
Capital One and arrange for a no-interest payment plan so you can eliminate this debt. Make sure that you pay the agreed amout religiously otherwise they can swoop in and demand full and immediate repayment. One way, of course, is to just pay it all off at once and then to cut up and throw away your credit card. Credit cards are a trap. My own philosophy about buying stuff is that if I can't pay cash for it I don't need it. I have no credit cards and no debts.
2007-11-19 11:27:13 · answer #5 · answered by Richard B 7 · 1⤊ 0⤋
Hi. Unless your coworker is in the HR dept, or payroll, this company should not be calling you at work after you telling them not to.
I suggest contacting the Attorney General in your area.
And, like some of the others said, set up a payment arrangement with them, or if you can come up with 70-80% of the total, offer it as a lump sum settlement.
Hope this helps!
Please visit my blog at www.garyfarnam.org
2007-11-19 12:20:18 · answer #6 · answered by techcents 2 · 0⤊ 0⤋
who's criminal expert? The financial corporation? looks extraordinary for a financial corporation to sue in small claims. convey mutually all your information, charge receipts, money. positioned them in chronological order. in spite of in case you owe $a million.00, the financial corporation can and doubtless has ran up the bill through tacking on previous due expenses and activity outcomes. In small claims, the plaintiff does not ask you questions, the case is presented to the decide. The decide then asks your protection and you recent any proper info and/or testimony. How plenty are we talking appropriate to here? It basically looks so ridiculous to take this to small claims. Have they been calling you attempting to convey mutually? this may well be seen as harassment and could be reported to the decide.
2016-10-17 07:56:39 · answer #7 · answered by ? 4 · 0⤊ 0⤋
If you owe the money and they get a judgement against you, then they can garnish your wages which would involve sending info to your company. If you owe it, what you need to do is make arrangements to pay it.
2007-11-19 11:20:30 · answer #8 · answered by Judy 7 · 2⤊ 0⤋
im not so sure thats real
2007-11-19 11:19:39 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Pay your bills.
2007-11-19 11:19:18 · answer #10 · answered by Anonymous · 2⤊ 3⤋