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Posted: Mon Feb 20, 2006 10:42 am Subject: |
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You need to send them a Debt Validation letter. They need to prove that they can collect this account from you. That should hold them off about 30 days I believe. But also, I don't know if I am right or not, but I thought only a bank could garnish your wages? Somebody wanna help me out on that one?
_________________ Terrell
SAHM and Scrapbook Kit Designer
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BrooklynGirlFlTrnsplnt

Joined: 27 Jan 2006
Posts: 65
Debtcc Points: 3717
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Posted: Mon Feb 20, 2006 11:02 am Subject: |
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Wage garnishment is a legal process. Your creditors need to win a judgment against you to garnish your wages. There might be certain laws in your state also and creditors must follow these rules. However if you have signed a voluntary wage assignment then they might try to withhold money from your paycheck.
In that case, you can contact your payroll department in advance and tell them not to honor any such instruction. Most of the cases, the wage assignment papers provided by creditors are not valid also. Please check the thread below for more information-
http://www.debtconsolidationcare.com/forums/garnishment-rights.html
brooks, simply send DV to them. if they can validate the debt, then only you need to pay. You can also contact with your creditors to have the account settled with them directly.
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stanley
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Posted: Mon Feb 20, 2006 11:12 pm Subject: |
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Thank you, I now have an address to send a validation request to as well as a request to cease contact. Before I happened onto the site, I had no address nor was I able to get ACS to give me an address. Tonight, the agent called my home and played some kind of midi file or something and then interrupted it and sang part of the song, then played the "music" again. She even said who she supposedly is in the same message. I have 15 calls from them on my answering machine that are saved. IL does not allow recording unless both parties are aware, well, she was aware she was talking to my answering machine, so these should work. They are all very harrassing messages. She also calls my work and harrasses my associates and co workers. I have tried to pay the original creditor, but they will not accept payment, they refer me to ACS. I do not trust this agency and refuse to pay them. They often say "I am reporting that you have flat out refused to pay this debt and we will be proceeding with proceedings." How ignorant can they get?!?! "proceeding with proceedings , what in the world does that mean - sort of makes a person chuckle . Most recently, they told one of my associates at work my SS # ( ) - if that's not illegal, I don't know what is. I am hoping they take this to court, at least then I will be able to pay someone a little more trustworthy. Yes, my fault I fell behind to begin with just as many of the employees of ACS posted here, but I'm human - stuff happens. Anyway, thank you again, letters will be sent first thing tomorrow by certified mail requesting receipt verification to all three addresses just to be sure they get it. (all this for a $156 bill!!)
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Guest

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Posted: Tue Feb 21, 2006 11:11 am Subject: |
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Guest,
They cannot disclose your personal information to a third person. How can they disclose your SS # to others? Anybody can use your SS # with wrong intention! This is not right. You should file complaint against them with FTC, BBB and AG's office.
You can forward the harassing messages recorded in your answering machine, however, if you ever record a conversation, inform them that you are going to record it as your state law does not allow one party consent.
Hope things go to your favor before going to court. Keep us posted.
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stanley
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Posted: Tue Feb 21, 2006 2:40 pm Subject: Giving out information to a spouse! |
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I called ACS the other day and asked about my husband's debit. I didn't have his social security number, or his work phone number. I told them only that I was his wife. The lady gave me all the information on hid debit, including the fact that he was in a middle of divorce. I guess the wife is always the last to know of a divorce. Anyway, now the hubby is mad at me and furious with ACS...can he take action against them for giving me this information?
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TearDrop
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Posted: Tue Feb 21, 2006 2:40 pm Subject: Giving out information to a spouse! |
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I called ACS the other day and asked about my husband's debit. I didn't have his social security number, or his work phone number. I told them only that I was his wife. The lady gave me all the information on hid debit, including the fact that he was in a middle of divorce. I guess the wife is always the last to know of a divorce. Anyway, now the hubby is mad at me and furious with ACS...can he take action against them for giving me this information?
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TearDrop
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Posted: Tue Feb 21, 2006 3:12 pm Subject: |
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TearDrop,
It depends upon situation you know. It's true that debt collectors are not allowed to disclose your debt obligation to a third person. But wife can inquire about husband's debt. It is not considered as violation of FDCPA.
But if you are separated or going through a divorce case, then there might be some separate rules. However, if this is a joint account, then you have the right to know the updates I think.
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stanley
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Posted: Tue Feb 21, 2006 9:15 pm Subject: |
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Stan,
Thank you for replying to my post. I will most likely not record any actual conversations because the most I actually talk to a person is when I'm at work and unable to say/do much anyway due to customers or associates being nearby. However, I do have some associates and co workers that are willing to write letters and have them notorized to try and stop the calls. These are co workers that have had to deal with the harrassment when they happen to be the ones answering phones at that time. Someone I know suggested I forward coppies of those letters to them with the cease and desist requests. I'm not sure yet if I will do this or not, but I will hold off on the cease and desist requests until I make a decision. Do you think it would give me more leverage to stop the communications if I include coppies with my requests?
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KE
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Posted: Wed Feb 22, 2006 9:49 am Subject: True scumbags! |
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Legally a collector can not call family memebers and work, if works prohibits it, to discuss your debt! When dealing with ACS, who called me twice a day everyday, bc of my mother-in-law who is dieing from cancer ACS tells me, "Congratulations you beat the debt." True Slime!
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Slap Happy
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Posted: Wed Feb 22, 2006 10:23 am Subject: |
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KE,
Sending cease and desist letter would be the right move. Send your letter through certified mail with return receipt requested. Keep copies of the letter and the return receipt as well. You can tell them that you would like to be contacted through mails only. Once they receive this letter, they should honor it; otherwise it would be a violation of FDCPA.
You can also speak to your creditor and inquire if they can help you pay the debt without involving ACS. Keep us posted.
P.S. You can get the format of cease and desist letter from the Free Sample Letter e-book-
http://www.debtconsolidationcare.com/books/
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stanley
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Posted: Wed Feb 22, 2006 4:02 pm Subject: Academy |
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I just got two calls back to back from the 215-320-o424 num. When I answered there was no one there. Does anyone know the deal with that. To me it is harrasment.
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wlljns
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Posted: Wed Feb 22, 2006 4:15 pm Subject: |
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wlljns,
Send them DV through certified mail with return receipt requested. Also add one paragraph in the letter stating that not to call you any more and you prefer letters as the mode of communication.
Once this letter reaches their place, they should stop calling you and they have to send you the itemized detail of the debt they are trying to collect. This will help you figure out if the debt amount is accurate or not.
You might like to call your creditor and inquire if they can receive payments for this account without involving ACS. Probably this will be easier for you.
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stanley
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Posted: Thu Feb 23, 2006 8:07 pm Subject: ACS |
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Stan thank you for replying to my post about ACS. Nicole from ACS said that my husband had told her he was going through a nasty divorce. We're not divorcing and when I asked him he denied saying it. My guess she wanted to get a reaction out of me so that I would go against him. I have learned the best reaction is no reaction...
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TearDrop
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Posted: Fri Feb 24, 2006 10:36 am Subject: |
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TearDrop,
This type of un-professional approach is not expected from a collection agency. They have nothing to do with your personal life, they are doing business here. Though you have pointed out a great philosophy here – “the best reaction is no reaction”, still you can file complaint against them for stating wrong and unethical words to you.
Anyway, if you ultimately decide to pay them, ask for debt validation first. If you are satisfied with the validation sent by them, then only think of paying it. Also make an agreement before paying the money and get it signed.
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stanley
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Posted: Fri Feb 24, 2006 5:25 pm Subject: what? |
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Well I got a call from a 215-320-0424 (ID= acs8002200605) and told me I had a BANK ACCOUNT when I infact do not. An told me how much I owed and im refusing to pay because I don't have a bank account and then told me to have my PARENTS "get you out of this one".
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L
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Posted: Fri Feb 24, 2006 6:37 pm Subject: |
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L,
First ask for Validation, this is the first step of debt collection. Since you are quite sure that this debt is not yours, they won't be able to validate the debt. So you need not pay it.
However, if they somehow manage to pay some papers; check it carefully and dispute w/e feel to be discrepant.
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stanley
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