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Debt. Collectors

Date: Mon, 07/25/2011 - 11:54

Submitted by agapi1
on Mon, 07/25/2011 - 11:54

Posts: Credits: [Donate]

Total Replies: 2


When the collection agency states that they are negotiating on behalf of the credit card company that is not true correct? Because at that point hasnt the credit card company written off the debt? Also the collection agency is threatening to verify my employment for garnisment is that possible?


Hello,

Please understand that simply because a debt has been placed with a collection agency does not mean that the account has been written off (charged off). Many creditors place accounts with collection agencies at 90 days of delinquency, and accounts aren't charged off until approximately 180 days of delinquency.

But, this does not mean that your account has not been charged off; it may be. Either way - charged off or not - you are still liable for this debt. If it gets extremely delinquent without being resolved your creditor may decide to sue you, or they may sell the debt to a third party, who will then also have the legal right to collect from you.

Regarding the employment verification, the collection agency can verify your employment, but they CANNOT garnish your wages. You see, garnishment cannot take place unless a judgment has been entered against you in court. And, this cannot happen without you being sued. So, you have not been sued by a law firm, so the collection agency is lying to you. Not only are they lying to you, but they are violating the Fair Debt Collection Practices Act (FDCPA) by threatening litigation, when they clearly cannot litigate if they are not a licensed law firm. Check out your rights by visiting here

Good luck to you!

Marie Megge
Donaldson Williams, Inc.


lrhall41

Submitted by mariemegge on Tue, 07/26/2011 - 07:48

( Posts: 168 | Credits: )