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Debt Collector

Date: Thu, 06/09/2005 - 19:47

Submitted by anonymous
on Thu, 06/09/2005 - 19:47

Posts: 202330 Credits: [Donate]

Total Replies: 4


I am in TEXAS
I was trying to make arrangements with a collector on an amount owed on a recent mobile home repossession. He stated that the amount that I wanted to pay was not reasonable, and that he would sue me for the full amount, and would also have the right to garnish my bank account for 1/3 of what I had in my acct. I told him that he was not telling the truth and he said that a recent law in TX was passed that would allow him to access my bank account to recover the dept. Is this true. I have searched high and low and cannot find information on a law (if any) that has been passed?


Hello DRamirez,
Welcome to the forums.

There are certain restrictions against debt collectors resorting to unfair means to collect debts. The Fair Debt Collection Practices Act clearly states that a collector cannot forcefully realize money from a debtor.

Under such circumstances, it will be wise to consult an attorney. He will be able to guide your actions more efficiently.

Furthermore, you should be well aware of your rights as a consumer. To get a better idea about your rights, you can read the relevant article:

http://www.debtconsolidationcare.com/fdcpa.html

I hope this information helps you.

Please, feel free to return to this forum if you have any further queries.

Regards,
Peter


lrhall41

Submitted by peter on Fri, 06/10/2005 - 03:19

( Posts: 285 | Credits: )


Hi DRamirez

Welcome to the forums. As per my knowledge, though the debt collector can take legal actions for the recovery of the debt if it is within the due period, but they cannot access anyone's bank account for that purpose without the debtor's knowledge.

I will advise you to take the help of an attorney who can deal with the collectors legally. Please ensure that they do not go against the disclosure requirements and harassment prohibitions. If they violate it, then they are required to pay the damages to the debtors.

Quote:

He stated that the amount that I wanted to pay was not reasonable, and that he would sue me for the full amount, and would also have the right to garnish my bank account for 1/3 of what I had in my acct.


The debt collectors are prohibited by law to use unfair means and they cannot garnish your wages unless a valid judgment is issued. It is a violation of the Consumer protection afforded by the fdcpa under FDCPA Section 807 and they can be fined $1,000. Please take legal help to sue them after consulting with an attorney.

To garnish any wages, they need to send a notice before garnishing your wages.

I will suggest you to enroll yourself in a debt consolidation program. The trained professionals will be able to negotiate with your collectors properly. Since you have not been able to negotiate with your collectors properly, they are trying to bully you. They will stop all the unnecessary harassments after you find a cover under the debt consolidation program.

Apart from proper negotiation with your debt collectors which will be done by the trained personals, you will also be enjoying the following benefits after enrolling in the program.

http://www.debtconsolidationcare.com/benefits.html

You can also glance through the debt settlement program if it can be a suitable option.

We will be waiting to hear about your positive move very soon. Please keep us informing of the latest. You can sign up for free of cost at the sign up page to get in touch with the trained consultant in your locality.

Regards
Roxette


lrhall41

Submitted by roxette on Fri, 06/10/2005 - 11:35

( Posts: 4009 | Credits: )


[quote=DRamirez]I am in TEXAS
I was trying to make arrangements with a collector on an amount owed on a recent mobile home repossession. He stated that the amount that I wanted to pay was not reasonable, and that he would sue me for the full amount, and would also have the right to garnish my bank account for 1/3 of what I had in my acct. I told him that he was not telling the truth and he said that a recent law in TX was passed that would allow him to access my bank account to recover the dept. Is this true. I have searched high and low and cannot find information on a law (if any) that has been passed?[/quote]

DRamirez
Texas is one of the BIG Four. States that has non-garnishment rules. I would advise you to seek advise form a debt settlement Specialist. You would want to go with one that is a member in good standing with the Better Business Bureau.


lrhall41

Submitted by anonymous on Wed, 06/15/2005 - 09:20

( Posts: 202330 | Credits: )