whitemiatasold Posted September 16, 2003 Report Share Posted September 16, 2003 Ok, USA loans is calling me after they received my cease and desist. They call and leave a message asking what is my social secrurity number and my middle initial and mothers maden name....so get this, i send a validation letter since they are trynig to wage garnish me. along with that, to have them stop calling my work and my cell phone, I explictly say cease and decist and STOP CALLING ME, all furhter communications must be in writing to my address.Can I take them to court now ? I'm tired of companies thinking they can push me aroudn. their excuse was that they called since there are alot of people with the same name in their database, and called after "looking at my letter". Funny thing is, all they ahve to do is match my address up to the one they have on file. Link to comment Share on other sites More sharing options...
sisflomi Posted September 16, 2003 Report Share Posted September 16, 2003 They are allowed to call once after the get the c&d. To tell you they are not going to collect, or to tell what steps they are going to take next.You say they are trying to garnish your wages. Do they have a judgment against you? You need to write down all the calls, days, times, person that left the message. Save the messages too.You can sue them over this, but your going to need more than just one thing against them. What else have they done? Link to comment Share on other sites More sharing options...
whitemiatasold Posted September 16, 2003 Author Report Share Posted September 16, 2003 well, this company is collecting for sallie may sudent loans which they claim they have now. They are a CA. They sent a federal law form thing threatening my company to comply, and now my accounting and payroll is soon to deduct and garnish my wages at 10%. Can they do this ? Link to comment Share on other sites More sharing options...
sisflomi Posted September 16, 2003 Report Share Posted September 16, 2003 Is this your loan? If not, then you need to fight it.If it is, I dont think they need a judgment, they are like a gov enity, they can do it without a judgment. Link to comment Share on other sites More sharing options...
whitemiatasold Posted September 16, 2003 Author Report Share Posted September 16, 2003 but its a CA. I thought they were still bound by the FDCA If it was the load agencey it would be different correct ? Link to comment Share on other sites More sharing options...
sisflomi Posted September 16, 2003 Report Share Posted September 16, 2003 I am not sure if they are bound by fdcpa or not. I will look up this tomrrow and post back for you. Even if they are a ca, they can collect this if it was a gov loan. Link to comment Share on other sites More sharing options...
sisflomi Posted September 16, 2003 Report Share Posted September 16, 2003 Go here and read thishttp://www4.law.cornell.edu/cgi-bin/htm_hl?DB=uscode20&STEMMER=en&WORDS=garnish+&COLOUR=Red&STYLE=s&URL=/uscode/20/1095a.html#muscat_highlighter_first_match Link to comment Share on other sites More sharing options...
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