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PLEASE HELP, I AM SCARED MY PAYCHECK WILL BE TAKEN!!


sweetgem
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Hi everyone,

I hope someone can please help me. I got a call at work on my voicemail regarding a man by the name of Jim Andrews from PC Consultants was calling about a legal matter he needed to discuss with me. I called this morning and he said it was regarding a account I had with Cingular Wireless and they were threatening to sue me for $1,696.00 and additional attorney fees. He ask me would I be able to pay this debt, I said no. He said if he does not hear from me by today regarding paying a lump sum of $1000.00 or $300.00 down and $300.00 he was going to garnish my wages. I don't have the money for that and right now my check is already being garnished for student loans. Please help, I don't know what to do.

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Hi everyone,

I hope someone can please help me. I got a call at work on my voicemail regarding a man by the name of Jim Andrews from PC Consultants was calling about a legal matter he needed to discuss with me. I called this morning and he said it was regarding a account I had with Cingular Wireless and they were threatening to sue me for $1,696.00 and additional attorney fees. He ask me would I be able to pay this debt, I said no. He said if he does not hear from me by today regarding paying a lump sum of $1000.00 or $300.00 down and $300.00 he was going to garnish my wages. I don't have the money for that and right now my check is already being garnished for student loans. Please help, I don't know what to do.

Well, seeing as how he's attempting to collect on a debt for Cingular, he's a CA. Attorneys don't make it habit to just call you to see if you want to settle - that's a dead giveaway right there.

Under the FDCPA, he has 5 days from that phone call to send you the written communication as required in section § 809. Validation of debts.

There is an entire process involved in garnishing wages, so tough guy is going to find out he came across the wrong individual because you are going to go head to head with Mr. Toughguy.

If you don't get the written communication, you're going to report him to the FTC and the Attorney General for the state PC Consultants is in, as well as their State Bar Association. Wouldn't it be something if you found this clown really wasn't an attorney??? $$$

Hopefully you have his address as well. Send him of a DV letter with a C&D telling him you are not to receive phone calls at work. If the letter he's required to send doesn't show up in 5 days, write him one more and quote the section, then tell him the matter is being forwarded to the agencies I mentioned.

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I believe I read someplace on this board that if your wages are already being garnished this person would be out of luck.

Please chime in and correct me if I misunderstood a previous post but I was under the impression that only one creditor may place a wage garnishment at a time. So if this CA for Cingular was to go so far as to get a judgement and attempt to garnish your wages, he would have to wait until your wages were no longer being garnished for your student loan. Basically he would be out of luck. He can stand in line. If I am correct you can at least relax a little.

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I am not an expert but here is the way I understand

it.....

If the debt is younger than the statue of limitations.

they can take you to court and get a judgement.

After the judgement then they can file for wage

garnishments.... but the law will protect you to

a certian amount....there is a set figure and the

can garnish what is above that figure.....they still

have to leave you eat on money and so on....

what I would do is send him a "do not contact letter

saying my job does not allow me to take these kind of calls."

Tell him you will only correspond in writing....

then if he calls you it is a 1000 dollar fine against him...

next you dispute the validity of the debt.... then they

have to prove its yours...and they must stop collections

for 30 days....

then what usually happens is that you will not here from them

for 6 months and then this just starts over...

I have had a few judgements and none have ever resulted

in wage garnishment.

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