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Lawfirm threatening to garnish wages and sue

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PostPosted: Wed Aug 27, 2008 9:17 am Subject: Lawfirm threatening to garnish wages and sue

Trauner, Cohen and Thomas LLP sent me a letter (not certified) that said I owed $6K on an old loan. I requested debt verification via a phone conversation, as well as, through a certified letter in the mail. They told me that if I didn't act quickly (by 8/29) that they would move forward and sue me for the balance of the account, as well as, their attorney fees. They said they would also garnish my wages and they have already checked with my companies HR department to verify my employment. I only received the letter and began talking with them on 8/18. After requesting the debt verification on 8/23 they contacted me 12 times on 8/26 (8 calls to my office and 4 to my cell phone). On 8/27 they called my cell phone and I answered. I was asked where I stood with my account and what I planned to do. They had still not sent out my verification of debt. I am absolutely not refusing to pay, I simply want to know why a loan that was originally $3500 is now $6K when I already paid $4500.

Anyway, any help is appreciated. My main thing is I can NOT afford for them to garnish my wages at this point, or EVER.

hzivic



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PostPosted: Wed Aug 27, 2008 9:21 am Subject:

What state do you live in ? Some states don`t allow garnishment or it is at least hard to garnish.
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PostPosted: Wed Aug 27, 2008 9:22 am Subject:

Waht state do you reside in? When was the last time you made a payment on the account?
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All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Wed Aug 27, 2008 9:22 am Subject:

Sheesh, that doesn't sound like a very professional law firm, making threats such during the validation process, or anytime for that matter! I'll let someone else tackle this for you but I wanted to at least acknowledge your post in the meantime. Keep checking back. Smile
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PostPosted: Wed Aug 27, 2008 9:24 am Subject:

BTW....T,C &T lie out of their asses as a standard business practice

http://www.budhibbs.com/debtcollectorpages/trauner_cohen_thomas.htm

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Texas Residents

All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Wed Aug 27, 2008 9:27 am Subject:

They cannot garnish your wages unless they sue you and win. Until they validate the debt, I wouldn't pay them a penny. Once they sign for your certified DV, that is really the start date for them to cease trying to collect - so I would check on line with the USPS (dot com) and enter in the certified tracking number. If they call you again after they signed for the letter, tell them that you DV'd them and any collection activities until the DV the debt, is violation of the FDCPA and you will file complaints and pursue your rights.

Also, check the website budhibbs dot com and you will see that this "law firm" is listed as one of the worst.

Unless they sue you they can't garnish your wages. Some states don't even allow garnishment.

What was the bill they are trying to collect on and how old is it? I see you paid $4500 on a $3500 bill. Who was that money paid to? Do you have any statements/receipts for this item?

Sounds like they are trying to intimidate you. Relax! You've come to the right place for help!

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PostPosted: Wed Aug 27, 2008 9:27 am Subject:

I live in Georgia. The last time I paid on the old loan was by mistake (through online banking) back in May of 07. The time before that was about 3 years ago. Thanks for all the responses so far. This company is about to drive me nuts:)
hzivic



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PostPosted: Wed Aug 27, 2008 9:29 am Subject:

Who was the original creditor?
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PostPosted: Wed Aug 27, 2008 9:31 am Subject:

Just checked usps.com and they have received my letter (actually Tuesday at 11am). Thanks desperatlyseekingsanity...I'll check out that site!

The original loan was from beneficial. I have tons of paperwork showing the payments I made, as well as, old check stubs and my bank statements. I paid all the payments directly to beneficial. The lawfirm says my balance is all due to compound interest and that I took out two loans with beneficial, which I did NOT do. (two different amounts but same account). Thanks again:)

hzivic



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PostPosted: Wed Aug 27, 2008 9:38 am Subject:

They definitely need to validate that debt! I would call Beneficial and see if they have records of your account. Ask if there were 2 contracts signed. Doesn't hurt to ask. Did you re-loan with Beneficial at some point - take out one loan for example for $2500 - paid down to $1000 then took out another loan with part of the proceeds paying off the first? Just double checking. (That might be a reason why the CA is saying there are 2 loans.)
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PostPosted: Wed Aug 27, 2008 9:41 am Subject:

I originally took out about $2700 then a few months later they sent me something saying I was eligable for an additional $800! I was 19 and just moved out at the time so I bit and took out the additional $800. I don't remember signing anything additional (contract or anything) but that was 9 years ago so I could be wrong. I'll check with beneficial and see if they can give me anything.

PS...TC&T are on that website of the worst lawfirm. Good times!

hzivic



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PostPosted: Wed Aug 27, 2008 10:12 am Subject:

Beneficial (HSBC) is really good at increasing the amount due. I had a $400 credit card that went to collection and by the time I received a letter the about was $1200. I asked them to explain how they came up with that figure and I got a lot of mumbo jumbo. Check with your state licensing board, make sure the company is allow to do business in your state. Sometime collection agencies use the law firm angle to initimidate the customers into paying. Also before you send them anything get it in writing first. Another point make sure you check to see what type of garnishments are allowed in your state. Some states only allow garnishment for taxes, child support and things of that nature
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PostPosted: Thu Aug 28, 2008 10:51 am Subject:

I was also contacted by these jerks, have asked for DV by certified mail, they keep calling my boss and threatening to garnish wages. I tried to set up payments but they wont take payments said they have to have payment in full, then he told me he was going to freeze my bank account,so there is no way I am sending them anything with my Bank info on it. Just be careful of what you send them and what you say. good luck
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PostPosted: Thu Aug 28, 2008 11:45 am Subject:

take your money out of the bank, after you are sued, they can and will contact all the banks in your area looking for money. If they find it, they will freeze it. It happened to me!
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PostPosted: Thu Oct 02, 2008 5:59 pm Subject:

I am dealing with them now. She calls me everyday and threating me. I wanted to make payments but she said no. She laughs at me and refuses to listen to me. Her questions are very personal. I just dont know what to do .Please help
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PostPosted: Fri Oct 03, 2008 2:07 am Subject:

Get personal back with her, ask for her address, SS number, home phone #, and would she go out with you or your friend. The longer you can keep her busy on the phone, the less time she has to bother someone else. Send them a C&D letter to stop the calls.
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