Rae Posted July 25, 2005 Report Share Posted July 25, 2005 I am trying to fix my credit. I went through a really bad time 3 years ago.Well I am paying on 2 credit cards that of course went to collection. I just found out that one of them is charging me 20.65 interest. I told them to forget it I was not going to pay it. The collection agency and the credit card company are pointing the finger at each other as to who is actually charging me the interest. They mentioned to me garnishing of wages, they wanted to talk to my human resource office but I wouldn't transfer them told them they had to find them theirselves. And of course a lawsuit.What I am asking is can they charge that high of interest? Can they garnish my wages? Can they sue me? I only owe like 1030.00 on it. Any help will do. thank you in advance. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 25, 2005 Report Share Posted July 25, 2005 What state are you in, how old is the debt, send a simple DV. They can charge that amount if state law or an agreement allows it, but of course you'll want to see this agreement. Stop talking to them on the phone. Garnishment is state dependent. Anyone can sue anyone else. Winning is a whole different matter. Link to comment Share on other sites More sharing options...
overos Posted July 25, 2005 Report Share Posted July 25, 2005 If I am not mistaken 47, isn't it true in the state of TX, they can not garnish your wages? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 25, 2005 Report Share Posted July 25, 2005 That is very true. They can't garnish wages or attach liens to property.Holy dingbat batman! I missed the Houston, Tx and the 3 years ago parts. I must be losing my mind... This is where you go to radio shack, drop $25 on a phone recorder and get them asking for your payroll department so they can garnish your wages. Don't tell them you are recording. Tx is a one party state, so you are good. Record away then hustle on over to a consumer lawyer, and they should take care of the rest. It would be bad for them if this is a Tx collection agency. It is a crime to violate the Tx FDCPA equivalent.*edit* FYI, you have 1 year until the statute of limitations runs out, which means they effectively have 1 year or less to file a lawsuit against you. I would stop paying and file suit for their FDCPA violations (with recorded proof, of course) Link to comment Share on other sites More sharing options...
Rae Posted July 26, 2005 Author Report Share Posted July 26, 2005 What is a DV? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 26, 2005 Report Share Posted July 26, 2005 DV = debt validation. There are sample letters both short and long here. Link to comment Share on other sites More sharing options...
Rae Posted July 26, 2005 Author Report Share Posted July 26, 2005 I have read about that. Just not sure or understand the whole thing.I really have alot of bad debt on my credit report and all is 3 years old.I have 2 major ones on it. One has contacted me the other one hasn't which is the really really big one. Some say I need to just file bankruptcy but if the statue is 4 years I really see no point in it. And that whole dv letter thing like I said I don't really understand that. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 26, 2005 Report Share Posted July 26, 2005 Ok, 4 years from the date of first delinquency, they effectively can't sue you for the debt. At the 4 year mark, the debt becomes a LOT less attractive to the debt buyers, so I might try to work out some Pay for delete arrangements then. I would record all their bluster and then turn it over to a lawyer. No need to file BK right now. DV is really easy: Grab a purple crayon and write "I dispute" that is all you have to do to preserve your legal rights. You might want to be a BIT more formal about it and maybe bang out a typed statement that says: "I dispute this alleged debt", but again that is all you really have to do. Most likely, these guys don't have any paperwork on you other than a Name and SSN. Link to comment Share on other sites More sharing options...
Rae Posted July 26, 2005 Author Report Share Posted July 26, 2005 So doing the dispute, that only helps with the CA people right. What about the original people. I have be able to get a car financed and a credit card.surpising enough....seeing how a have a mobile home repo'd and a car repo. plus a heck of alot more. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 26, 2005 Report Share Posted July 26, 2005 If CA's have the debt now, the OC's are out of the picture. They sold/assigned the debts to the CA's and will probably tell you you have to deal with them. Link to comment Share on other sites More sharing options...
Rae Posted July 26, 2005 Author Report Share Posted July 26, 2005 So if I validate/verify and they have no info other than my what name and s.s. then I don't have to worry about it and tell them or the Credit reporting people to take it off. But if they do have more info on me then I have to pay for it right?What info do they have to have or not have? Link to comment Share on other sites More sharing options...
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