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Wage Garnishment

Date: Thu, 08/25/2005 - 16:03

Submitted by anonymous
on Thu, 08/25/2005 - 16:03

Posts: 202330 Credits: [Donate]

Total Replies: 10


I had a loan from Trans America financial, back in 94, Omni Collection services out of Florida kept on calling and sending me these bills, I guess they bought the account from Trans america.I got a credit report back in 03 and the loan was on transunion and no the other two. I got another credit report in March of 05 and trans america was not on this report. I got another report on the 22nd of Aug. and its not on there either. Sat. the 20th, the sherrif went to my bosses house and give him a court order wage garnisment. In this whole time I was never served to go to cort for a lawsuit.


Hi Joe

Welcome to the forums. Did you pull the latest credit report from the other two bureaus also along with this credit report?

After comparison, if you find the debt to be in dispute, you should send a letter to the collection agency asking for verification. You can send all the copies of evidence to support your claim.

Make sure that you send your letter through certified mail so that you can track it later. After receiving your letter, they are required to provide you all the necessary details of your debt to be legitimate.

Also, it is very important to receive a notice before a wage garnishment is ordered. The creditor first needs to sue the debtor if the debt is extremely delinquent. The legal action is supposed to be taken in the civil court, depending upon the size of the debt. If the outcome is in favor of the creditor, then a judgment is issued.

You should take the help of your attorney in this regard to strengthen your case.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 08/25/2005 - 16:19

( Posts: 4009 | Credits: )


When I pulled the Reports back in 03, I pulled all Three Reports. The only one this debt was on was Transunion. In 3/05 I pulled all Three again, the debt was not on any of them. When I pulled them again on 8-22-05 this debt was not on any of the Three again. What I don't understand is Trans America never ever tried to take me to court. The debt was handed over to Omni Collection out of Florida. This Wage Garnishment from the court was delivered to my bosses house just last Saturday, why wasn't something sent to me? On the report from 2/03 it says the account is open and it is a collection account and the Date it was open was Nov. 99. I opened this account in 9-94, How can they change the date it was opened? Thanks For your Time. I'm just a little worried. There is a Nov 10th Court date on this paper my Boss recieved from the Sherrif. Thanks Joe


lrhall41

Submitted by on Thu, 08/25/2005 - 17:35

( Posts: | Credits: )


Joe, my opinion to you is that you follow your attorney to strengthen your case. Also, request your attorney to focus if there has been any purge of the accounts by the collection agency. If the account has been purged or the dates have been changed by the collection agency, then it is a violation of the fdcpa law. Also, they have not served any notice to you which also needs to be focused.

Work with your attorney at the minute points not leaving any loopholes. Also, keep all your records in safe place and use photocopies for the purpose. You really need to win this case.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 08/25/2005 - 17:49

( Posts: 4009 | Credits: )