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my buddy is having collectors trying to take is paychecks - Help


SteveAR
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OK i have a buddy that works at best buy and has a 5k collection for a car loan that went wrong. He tells me that the company trying to collect now is trying to get into his checks and take his money every month.

What can he do to get this problem resolved. He doesnt want them to do that nor does he feel he should pay them. the company he bought the car from told him he wouldnt have to pay anything.

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Read up on the laws in your state concerning wage garnishments. You didn't really provide much information to go on such as how long ago the last payment was made, if it's the OC going after him or a CA, etc. Since you may have more information than you are willing to share, I would suggest you take advantage of the stickies on these forums and see if you can find something there that may help your friend out.

By the way, only a judge can order a garnishment of wages, and there are certain restrictions/exceptions that vary from state to state. If your friend hasn't already been in front of a judge regarding this matter, then who ever is threatening to take his paychecks is blowing smoke out their @sses and is violating the FDCPA:

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

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