Can my wages be garnished by LVNV Funding in North Carolina?

Post New Thread
Posts: 1
Credits: 187


Send message to dlgdreams
Sub: #1 Can my wages be garnished by LVNV Funding in North Carolina?
Replied on 07-24-2007, 04:55 PM
Reply With Quote

I have been receiving calls from the lvnv funding llc. We can not come to an agreement on payments to repay on a Sears Credit Card. I was wondering can they garnish my wages in the state of North Carolina. Thanks

Posts: 158
Credits: 2,537


Send message to trophy
Sub: #2
Replied on 07-24-2007, 05:08 PM
Reply With Quote

You need to be careful if LVNV Funding is licensed in your state. This company is famous for violating the state laws. Read the entire topic here and know others experiences.

http://www.debtconsolidationcare.com...llc/index.html

Are you sure they are authorized for collecting on your account? Did you get the debt validated in writing? They have to give you the info of your account and prove their legit collections.

You should also check on the SOL period of your state and verify it with the last payment date on the Sears account. They cannot take you to the court if the statutes have expired.

Posts: 1,640
Credits: 12,196


Send message to Morningstar
Sub: #3
Replied on 07-24-2007, 05:18 PM
Reply With Quote

Wage garnishments do not appear to be legal in the state of NC.

__________________
The only people with whom you should try to get even are those who have helped you.
-John E. Southard

Posts: 1,186
Credits: 17,179


Send message to Law Student
Sub: #4
Replied on 07-24-2007, 05:55 PM
Reply With Quote

Trophy is right. Check to see if the statute of limitaions has run on the debt before paying a dime, because generally LVNV tries to collect on debts which it has purchased. Don't admit to owing even a portion of the alleged debt.

__________________
He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)

The science is in knowing, the art is in perceiving - Robert Fripp (1946-)

Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #5
Replied on 07-24-2007, 09:08 PM
Reply With Quote

No they can NOT garnish your wages in NC.Not even they got a Judgement again you.Banking accounts another story.




Posts: 2,111
Credits: 25,160


Send message to good.nelly
Sub: #6
Replied on 07-26-2007, 04:35 AM
Reply With Quote

A writ of garnishment is one of the ways that is used by a creditor to recover unpaid debt. For the wage garnishment of a debtor, the collectors and creditors have to first get a court ordered judgment. There are different laws for wage garnishment in different states.
In North Carolina garnishment of wages is possible only if the debtor has considerable amount of money on deposit and there is no family member who is dependant on those funds for support. However, garnishment of wages is possible in collecting other claims like:
1. To get back unpaid taxes
2. To impose an order for child support
3. To impose a judgment to recover the payment for the medical services offered by any public hospital.



Moderator

Posts: 4,831
Credits: 41,595


Send message to cajunbulldog
Sub: #7
Replied on 07-26-2007, 04:53 AM
Reply With Quote

In North Carolina wages cannot be garnished for consumer debt with the exception of student loans or government obligations.They can still satisfy a judgment using other methods.Send a letter to validate the debt and get off the phone.Send letter certified return receipt mail.If they can properly validate,then you can worry about a settlement then.

__________________
Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 03:03 AM.





* Disclosures:
  • By signing up for counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
  • Some creditors and collection agencies refuse to lower the pay off amount, interest rate, and fees owed by the consumer.
  • Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
  • Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
  • The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.
Page loaded in 0.057 seconds.