What to do now that ASSET ACCEPTANCE HAS GARNISHED MY WAGES?

First of all, if in future post you can use line breaks and paragraghs..it would be weasier to read :P

Secondly...only way they can "Garnish" your wages is with a "Judgement" awared from a Court of Law...if they in fact have this...then they can legally garnish your wages.

But..all is not lost..

I had a default judgement made against me without me knowing it and I asked the court for a "Vacate Default Judgment" due to improper service...see this post here:
Motion to Vacate a default Judgement

This was for improper Service is my reason...and you should yourself file the same if in fact you never received service.

IF you ddi receive service and never responded or showed up..then it is your fault for not answering and getting a default Jedgement.

Jerry[/url]

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Hi tls1538

It is really very sad to know that such an unfair thing has happened with you. If I had been in your place, then I would also have become bipolar after facing such things in life. The crux of the matter is that you will have to pay your debts and there won't be any escape from it.

But I will also suggest you to follow what jtucker mentioned in his post. You need to have your updated credit report to see the latest dues. If you find that there is any kind of mistake in that credit report which you think should not have been, then you can ask for the debt validation Letter from the Asset Acceptance.

If there is a possibility of any slightest kind of mistake posted by the Asset Acceptance, then you can file a case against them and if you win, then they will have to compensate you for that.

Wish to hear from you soon what you feel

Regards
Roxette

I got behind on a debt and someone called me from a collection agency and talked about the debt. I told them I was in the wrong and I would like to make a payment arrangement of 200 dollars a month (the debt is 5000 dollars) and they said that they could only except the 5000 or knock 20 percent off. I don't have the 80 percent right now. Can they do that? I thought as long as you payed them something a month, that showed good faith and they had to accept it. Am I wrong? Here I am trying to make good on the debt the best I can and they say no way. They have not even sent me a statement in the mail from the collection agency. I told him that I didn't have it I guess I would see him in court. Please explain the law to me on this matter.

Hi cshannon

First of all, you can update yourself after going through this page http://www.debtconsolidationcare.com/fdcpa.html
If you are interested in making payments and looking for debt consolidation, then you can get yourself registered at this site for free http://www.debtconsolidationcare.com and one consultant will get in touch with you to look for the best plan that suits you.

Roxette

pay your bills. and u wouldnt have to go through this!!!!!! duhhhh :evil:

I'm sorry, but you don't have to be rude. In a perfect world maybe everyone pays their bills and everything goes along perfectly, but this is not a perfect world and for a lack of a better word, sh-t happens. For whatever reasons, people have problems and misfortunes---that is what this group is for, for people who want to help themselves, who want to do right and try to make it better. They come here for advice, for someone to listen. Some are desperate, some even close to suicide because they feel the world is falling in on them and they have no where else to turn and feel there is no one else to help them. Some come here for someone that will listen, who knows what they're going through, who may have been through it themselves. They come for some gleam of hope in a situation that they feel is hopeless. They don't want to hear that crap...if you had paid your bills you wouldn't have to go through this. duh!!! that goes without saying. what are you, a genius? You come in here under your 'guest' name and you don't even know these people or what put them in this state. why are you even here? go back to your perfect world.

That was a little blunt, Mr. Duhhh, and the TravisTrittFan has a point. The world is by no means perfect, people get caught up in circumstances where sometimes the flow of money slows to a trickle, not everything can be balanced, there is no time to call creditors to inform them during this mad rush to find a new source of income, and overall it just snowballs. That's why collectors exist, and collectors are supposed to check in on debtors to find out why they are behind and what possible solutions are available. They are not meant to terrorize like the ones complained about in the forum do.

Bottom line, Mr. Duhhh, assuming you're a disillusioned collector (please correct me if I'm wrong) if sh-t didn't happen, we wouldn't have our jobs. So, don't be rude, be grateful.

great, ari :D

So, in this case, tls1538, was taken to court and a garnishment was judged against her, without her even knowing it??

I thought that they had to notify you when you were being taken to court? But if they can't get a hold of you, then they can still go forward with proceedings, correct? they don't have to have you there for a judgement. BUT---whats to stop them from saying they couldn't find you, just so that you don't show up to state your defense? and they manage to get a judgement against you for an account that you could have proven your way out of? Then the next thing, your wages are being garnished. what then? is there a way to get out of this, at this point?

Reading this post has brought these questions to mind.
Thanks, shirley

Before the matter reaches the court, the consumer has to be served with legal papers. The agency has to prove that they tried to contact the consumer and he was unavailable at the mailing address.

If the court finds the consumer not appearing in the court, the other party wins the case.

well, that is a good thing then, you aren't totally blind sided that way. I was just concerned that one day you roll up to the bank and find that your money is gone because your bank account is either frozen or theres less money than you expected, due to having garnishments that you didn't know about. Or even worse, tons of checks bouncing due to a sudden garnishment. Thanks for clearing that up Roxette!

also, your employeer would get paperwork on the garnishments, so if all else escaped you, you would find out that way, correct?

If it were to go to court without your knowledgement, (for what ever reasons), and the judge ruled a garnishment, could you get out of it by hiring one of those lawyers that advertise on tv? was just wondering if you could get around it from that point?

I'm just trying to educate myself further. thanks! Shirley

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well the stories above are very very false. The fdcpa restrics collectors fromm talking to people like that. its impossible. for example the whole validation thing is incorrect. as soon as a payment is recieved valdition is sent out right away. sorry if the debtor lies on their address and it get returned. that is y they have fax machines. And another example is that (ASSET ACCEPTANCE) call 4x to 5x times a day is impossible!!!!!! The FDCPA says a debt collector can only call once aa day per phone # unless having permission from the debtor. i didnt mean to be rudee, by in the world do people rinng up 12,000 bills on credit cards and dont pay for them. if u cant afford a credit card then dont get one!! sincerly mr duhhh

Duhhh, learn how to spell. You are obviously a troller, and typical. What you say is "impossible", actually happens. Just because it's in the fdcpa doesn't mean collectors follow it. BTW if everyone paid their bills, you wouldn't have a job.

duhhh

Do not take the side of the people doing illegal collections. At least, your conscious should not allow you to do this. I am hoping that you might be one of the very few good people in collections but you need to believe that not everyone is like. There are still rude collection calls being made and many things are still happening that is not stated in the federal laws. Come back after a thought!