Recently I received a phone call from a company calling me about a credit card I once had about 3 years ago. I was unable to pay the credit card off. Now it has been turned over for collection. The individual I spoke with advise me to open a checking account so they could draft the money from my account. The individual told me if I don't do this they will go through my employer and garnish my check until the amount is paid. He said the amount I owe is $5,000 but the company will settle for $2,500 if I give them $500 as a down payment and pay the rest of the money on a monthly basis ($78) until it is paid in full. When I told him I don't have the $500, he said he will waived the down payment of $500 and set up a monthly payment of $78 a month for me until it is paid in full. I am weary of this. Has anyone ever had any experience such as this. I live in Georgia and I do know garnishment is allowed. I don't want anyone to garnish my check. Please help me, is this the real thing or not?
2007-12-16 21:21:27 · 8 answers · asked by Denese 2 in Business & Finance ➔ Credit
Do nothing by phone. Don't agree to anything until you see it in writing.
This appears to be a junk debt collection agencies. Chances are the debt is close to the statute of limitations for Georgia which is 4 years. This is from the last date of activity (the last time you made a payment or when the account went into delinquency.
If you make any payments, then the clock is reset and then you can be sued for garnishment. If it is past the limitations, then they can not sue for collection.
Check any statements you have for the original credit account and see if it is indeed past the statute time limit.
You might want to check out the collection agencies at this link http://www.budhibbs.com/drowning_in_debt.htm to see if they are on the up and up.
2007-12-17 02:49:05 · answer #1 · answered by Sgt Big Red 7 · 0⤊ 1⤋
IF you can comfortably pay the 78 per month then make the arrangement, open the account and put ONLY the 78 dollars in the account a week before the agreed upon due date.
Have no other accounts at that bank, including savings, and make sure it is one that will not charge you a big monthly fee just to have the account.
Now read the next sentence VERY carefully, I am putting it in all caps as as warning and not to shout at you.
DO NOTHING WITHOUT HAVING THIS AGREEMENT IN WRITING FROM THAT COMPANY. Including the total amount agreed upon to pay the debt in full.
Good luck but remember that last paragraph is a must with a single doubt on your part.
Added
You must write them a letter for the no call rule to be binding, not just tell them over the phone.
And only you can decide to pay your legitimate debts or let the rest of society pay it for you.
2007-12-17 05:47:34 · answer #2 · answered by Anonymous · 0⤊ 1⤋
They must go to court to be able to garnish your check in most states. You will be allowed to go to court to. When you go to court you tell the judge you cannot afford much and they will usually set it very very low. There will be a judgement against you on your credit. Your credit is already shot because of your default on your card. I would tell them that I could make whatever you think you can make each month and you will mail them that amount. If they refuse it does not look well on them in court. Send them a letter in writing with your first payment, make sure the account number is on the money order. They cannot make you get a checking account. this just makes it easier for them to sieze your bank account should a judgement be rendered and you miss one payment. You should call a lawyer in your state just to make sure it is the right thing to do. You might have to make a few calls but you should find a lawyer or his assistant willing to give you this advice for free over the phone. Do not let the collection agencies bully you.
2007-12-17 05:31:28 · answer #3 · answered by casey 5 · 1⤊ 1⤋
Hi Denese
Yes I have and no they can not garnish your checks especially if they don't no where you work. What you should is have them send you a billing statement and then make arrangements to pay your dept. the person who is calling you is a collector and his jobs is to get the money from you at any cost, so make an arrangement have them lower the amount you owe to the 2500 or even less tell them that you can only pay twenty dollars a month though, you will never pay it off at this rate though because there is still interest on the amount owed. do any thing you can just make sure you are in control of the situation not the bill collectors. O yeah, you can also tell them to stop calling you and they will have to stop it's the law, have them send you statements instead.
I hope this helps you, good luck my dear and be strong.
have a great day and keep the faith. Merry Christmas
....cya....
2007-12-17 05:43:37 · answer #4 · answered by tmin 6 · 0⤊ 3⤋
Call the original company and ask who owns the debt now. You may have to follow a trail of 2-3 companies. It sounds like the scam where they require you to get a credit card to pay a debt. By federal law, If you are paying even $1 per month, no further legal action can be taken. It has been done where a false company will say they own your debt, take your money, and leave you still owing the original/actual owners of the debt. Send nothing until you confirm all this. And yes, tell them what you are doing. If they are legal, they will understand. If not, they may give up and leave you alone.
2007-12-17 05:56:34 · answer #5 · answered by iamsuranovi 6 · 1⤊ 2⤋
OK, Hopefully I can help. It's been 3yrs and what has happened is that the collection agency bought your account and now is calling you to get their money. Now, the statue of limitations for credit cards in Ohio is 7 yrs I'm not sure what it is in your state. But, what that means is that they don't have to contact or collect you after that . Each state has different statutes of limitation for delinquent debts. It's been 3 yrs for you DON'T give them a payment I know that's a scary thought but, it you even agree on giving them $50.00 that will open a whole new account and start from the beginning. TRUST me on this I been there. Don't give them any information at all. Say, when they call I'll take care of it on my own. Don't make any deals with them seriously cause when you do, You just opened a whole new account and they new year will start, Also, they only scare you when they say their going to garnish your wages...
2007-12-17 05:42:25 · answer #6 · answered by lannette27 2 · 1⤊ 3⤋
It does not have to be a scam. Many companies will offer you a deal in order to get your debt paid off early. They can only take out of your account what you allow them too. You can always stop the automatic withdrawal if they do not do it correctly. Ask the company that called you to fax or send you something in the mail to fill out for this withdrawal and make sure you keep a copy for yourself.
It is not uncommon for this to happen. I had a friend who owed a hospital bill - she was not in collections, she was paying the hospital monthly. The end of one year, in order to close it off their books, they offered her to settle for half of what she owed if she paid it off at one time. I was able to lend her the money to do so.
Try to work this out with these people.
2007-12-17 05:33:25 · answer #7 · answered by Patti C 7 · 0⤊ 0⤋
Hmm,it's a bit suspicious them phoning you.Normally companies like that send a letter out so i would say it's someone trying to scam you.Dont give any of your personal or banking details out or you may find money going missing from your account.If the company call you again,ask them to send you a letter from their head office to verify who they are.If you're still not sure,speak to the company that is dealing with your credit card collection to see if this is the company that deals with money collections for them.Also notify your employer that they may get someone contacting them regarding this and not to give out any details as you are unsure if this company is legit or not.
2007-12-17 05:35:00 · answer #8 · answered by nanook570 5 · 1⤊ 1⤋