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Can a collection agency take money of your paycheck?Can a collection agency take money of your paycheck?
Fpereznyc said: "I'm dealing with a collection agency, and of course they're harrasing me calling me.... sometimes i don't answer but sometimes i do. (I'll definitely stop answering them). But I'm intending to pay my debt and I'm submitting payments. Of course they want to threaten and tell you to pay it all off right away. So the last time they said... we'll take it from your paycheck.
Can they get money from my paycheck without an judge's order? or without taking me to court? is such thing possible or they're just trying to scare me?
Thanks..."
rapidanian said: "They are trying to scare you. Read here and creditboards about CAs tactics. They have laws they have to follow under the Fair Debt Collections Practices Act. If you tell them to stop calling you and they continue to do so you can sue them. Keep copies of EVERYTHING and if possible record any conversations. Also, I do not believe they can leave you messages regarding what you owe....
READ READ READ....there is a lot of info here."
ccorona22070 said: "You can sue the collection agency, If they threat to take any action that cannot legally be taken or that is not intended to be taken.
See websites: [url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]
[url]http://www.cardreport.com/laws/statute-of-limitations.html[/url]"
ccorona22070 said: "If your rights have been violated, you need to contact a consumer attorney."
Fpereznyc said: "As a follow up question...
If i do write a letter to them in order to stop calling me... Does that increase the chance of me getting into a law suit situation?. I've been making small payments of my 4K only debt I have... and If all goes as planned I'll pay it in 4 months... so If i write for them to stop calling me.... does that mean that they can take me to court next....???? or should I just keep ignoring their calls for a long time.... and keep paying ..."
rapidanian said: "You are worrying about stuff you don't need to worry about. Just tell them to stop calling you, by law, they have to stop calling you. If they want to talk to you they can send you a letter. Why would they sue you? You are paying....
You are letting them get to you. Stop being a victim and stand up for yourself. :D
Seriously, calm down. :eek:"
TScott said: "Send them a limited C&D letter. Tell them it is an inconvenience to recieve phone calls and only to correspond by mail.
If they still call you then they are in violation."
DonM said: "First of all, STOP PAYING UNTIL THEY PROVE TO YOU THAT THEY ARE COLLECTING A LEGIT DEBT. DV the CA and have them provide proof that the debt is yours. Tell them to not contact you by phone ONLY BY MAIL. This will give you time to gather up some cash( especially if you can do this in a couple of months).
After they get back to you--through the mail--and they provided detailed proof that you owe this debt, You should have some cash saved up to do a PAY FOR DELETE. The CA will most likely settle for maybe 50% of what is owed if you use TommyV's strategy.
Is this account charged off??? Remember that a paid chargeoff is the same as an unpaid one.."
jayb said: "what donm said. visit the credit repair forum and creditboards.com and read til your eyes bleed."