SSDI, Persistent CAs and their Phone Calls.

[awwwgeez]

I'm not sure if my post belongs here or in the Is Their a Lawyer in the House section.

Over the past several years when the CAs contacted me, I've told them that I'm on SSDI. They still persist that I pay and I now have several judgments. (BTW, I was only notified once that any of the CAs were taking me to court, and it was not by the CA in this post.) In regard to one judgment, in Aug or Sept, 2009, I was notified by my county's sheriff dept...by both regular mail and a certified mail...that they wanted my wage info so as to garnishee my wages. I called the sheriff dept and told the man I was on SSDI and he said to forget the request as no action could be taken against me. He also said he would note this in "my file" so this would not happen again. (jeez, I didn't know I had a file with them! When I called the CA and told her that I was on SSDI, the woman said she didn't care and that they would keep on trying to garnishee my wages until the loan was paid off. But, she did say she would mark my account as being on SSDI. But the calls? Yup, they keep on a'comming.

I'm an IC and technically am not employed by anyone, but I used to receive work to finish by a some people in a different county. In May, 2011, I received a call by one of the owners of the company. He said two men just left his office inquiring and asking for help in garnisheeing my paycheck. Allen said he refused to answer any of their questions. I called his county's sheriff's dept and was told not to worry as any further action would be refused.

I went many months with no calls regarding this account, but they resumed the beginning of Nov. I live in NYS and the SOL is six years. This afternoon I received a call from the same CA. I asked the CA when I made my last payment and she said Oct 17, 2005. Then she went on and said something similar to "We are calling to see what arrangements can be made before we continue with legal action" then a few minutes later, she said "I will have to return this account to the attorney and tell him to proceed unless you cooperate and get this resolved."

My questions...

Can a CA continue to call me after their request for garnishee is declined and they know it's because of SSDI? If a garnishment is declined in one county, can they go to another county looking for help? Can they continue to take further action, and if so, what would that be?

During several phone calls I'm asked to see if a friend or family member who can help me with payments. Is this legal?

According to my records, my last statement has a balance of $545.32. The CA said I owed $17,840.22. Isn't this excessive in fines and interest?

I'm going to attempt to have the judgments vacated and will call someone at the courthouse on Tuesday (Mon. is a holiday) to see what steps I need to take.

Thank you for your help, it's greatly appreciated.

[Coltfan1972]

Over the past several years when the CAs contacted me, I've told them that I'm on SSDI.

They don't care.

They still persist that I pay

See above.

In regard to one judgment, in Aug or Sept, 2009, I was notified by my county's sheriff dept...by both regular mail and a certified mail...that they wanted my wage info so as to garnishee my wages. I called the sheriff dept and told the man I was on SSDI and he said to forget the request as no action could be taken against me.

They care and they are right.

When I called the CA and told her that I was on SSDI, the woman said she didn't care and that they would keep on trying to garnishee my wages until the loan was paid of.

See, even they admit they don't care.

But, she did say she would mark my account as being on SSDI.

Translation- "I don't care, but to get off the call I'll say something official sounding.

But the calls? Yup, they keep on a'comming.

They don't care.

In May, 2011, I received a call by one of the owners of the company. He said two men just left his office inquiring and asking for help in garnisheeing my paycheck.

They don't care and want your money.

Allen said he refused to answer any of their questions.

Good job Allen

I called his county's sheriff's dept and was told not to worry as any further action would be refused.

Because they care and have already told you not to worry once. It's the reason they sent somebody other than the Sheriff to see Allen.

This afternoon I received a call from the same CA. I asked the CA when I made my last payment

You mean you asked when is the last time they allege I made an alleged payment.

Then she went on and said something similar to "We are calling to see what arrangements can be made before we continue with legal action"

As opposed to an "illegal action."

then a few minutes later, she said "I will have to return this account to the attorney and tell him to proceed.

Okay, well I'm going to proceed right now. I am going to proceed to (insert any of a billion things there are to proceed in doing here, I prefer at this time, proceed to getting some cookies and a big glass of milk and then proceeding to bed.)

Unless you cooperate and get this resolved."

It's resolved, you're not paying them.

My questions...

Can a CA continue to call me after their request for garnishee is declined and they know it's because of SSDI?

Sure they can, until you demand they stop calling. Garnishment is just one way to attempt to collect a judgment.

If a garnishment is declined in one county, can they go to another county looking for help?

Sure, why not?

Can they continue to take further action, and if so, what would that be?

Sure they can take further action. Since there are literally billions of further actions one can take, I can't list them all here. But like I said earlier, I'm getting ready to take further action after this post. It's cookies and milk further action time for me.

During several phone calls I'm asked to see if a friend or family member who can help me with payments. Is this legal?

Sure it's legal, unless you've sent them a letter demanding they not contact you. This is one of those other ways, other than garnishment, to try and collect. Money you borrow would not be exempt, therefore, they could get at that money. Can't hurt to ask, they hope your not only judgement proof, but dumb on top of that.

According to my records, my last statement has a balance of $545.32. The CA said I owed $17,840.22. Isn't this excessive in fines and interest?

It sounds so, but irrelevant what it sounds like. If they sue they will have to prove the amount they allege is what is legally owed. If they already have a judgment for that amount, your records are irrelevant. It's already been determined you legally owe $17/840.22.

I'm going to attempt to have the judgments vacated

On what grounds.

Will call someone at the courthouse on Tuesday (Mon. is a holiday) to see what steps I need to take.

Let me save you the phone call. Sorry, by law we can't give you legal advice. Go to talk to an atty or his is the number to legal aid.

Thank you for your help, it's greatly appreciated.

No problem, now I'm going to proceed further in taking a legal action and getting those cookies and milk. After I'm done with that, I might proceed to come back to the board or I might further proceed to go to bed or I might take the legal action of putting in a movie and proceed further on that legal action by watching that movie.

[WhoCares1000]

First off, the SOL on a judgement is different than one on a simple debt. I think in New York, a judgement can be renewed and hence there is no real SOL.

Any JDB/CA that would go to court over a $600 debt and incur the expense of doing so is one that will aggressively try to collect. That is why all the requests for garnishment and sending a PI to your friend's house and all the calls. As Coltfan says, they really do not care. The sheriff is stopping them because he does care.

As for legal stuff, I doubt you can get this vacated at this point. I would not worry about that though is you have no income, never expect to have an income, and have no assets. There are other ways to deal with the JDB/CA.

The reality is that you have 2 options. 1 is to scrape together $1000 and offer them that to settle the debt in full. With all the legal attempts and stuff, they may not take it. Also, with the way they have been acting, I would not even try which leads to option 2.

Option 2 is to send a Cease and Desist letter informing them to not contact you or your family. Send it to the JDB/CA CMRRR using the green card. Once they received that letter, they can only contact you once to inform you of their next steps or that they are abandoning the debt. You can add your situation but I do not think they will care beyond Cease and Desist. The only thing they can do is call you in for a financial examination hearing and they might do that. This is a good thing because then, you will get on public records, that they know you are on SSDI and that you are judgement proof. That should stop them dead cold.

If they continue to call, then you will have them on a FDCPA. The Cease and Desist portion is very specific and is available regardless of whether there is a judgement or not.

Finally, if you have a bank account to get your SSDI and have not done so, do not walk but run to your bank on Tuesday and inform them of these judgements and that you only get SSDI. That should stop the bank from freezing your account in New York.

[nascar]

When I called the CA and told her that I was on SSDI, the woman said she didn't care and that they would keep on trying to garnishee my wages until the loan was paid off.

Post judgment collection activity is subject to the FDCPA. This is a violation. Pursuant to federal law, your SSDI is exempt from creditor claims. It you are being told otherwise, they are lying to you. Threatening to, or claiming the ability to garnish wages without a judgment is also a violation.

I'm an IC and technically am not employed by anyone.

This can affect your eligibility for SSDI. Be careful here.

I live in NYS and the SOL is six years.

If you are referring to the judgment against you, it is at least 10 years.

Get a lawyer.

[awwwgeez]

Hi, thanks so much for your help.

I sent a complaint to the FTC, but then I read where they don't help individual complaints, but they do log the complaints to see if there's a pattern. Is there any other place I can send my complaints to? How are the JBDs fined?

My bank automatically refused any sort of action in regard to the judgment.

A person on SSDI can work, I think the limit is $720, but not sure.

[BV80]

Hi, thanks so much for your help.

I sent a complaint to the FTC, but then I read where they don't help individual complaints, but they do log the complaints to see if there's a pattern. Is there any other place I can send my complaints to? How are the JBDs fined?

My bank automatically refused any sort of action in regard to the judgment.

A person on SSDI can work, I think the limit is $720, but not sure.

You need to be sure about the limit. If you make over the limit, the Social Security Administration can demand you pay some money back to them.

[awwwgeez]

<<You need to be sure about the limit. If you make over the limit, the Social Security Administration can demand you pay some money back to them>>

As long as you don't go over a certain monthly dollar amount, I think it's $770, you can work and still receive SSDI without being questioned. If you go over, SSDI will not demand repayment as long as you notify SSDI each month as to how much earned. You can go through a trial work period to see if you're able to keep working. You do not return the excess money, it's yours to keep.