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Finance Companies

Date: Thu, 07/21/2011 - 07:02

Submitted by anonymous
on Thu, 07/21/2011 - 07:02

Posts: 202330 Credits: [Donate]

Total Replies: 2


I have a question about finance companies. I live in Georgia and have three loans with three different finance companies. I had some hard times hit and have not had any money to pay my monthly payments for the past two months. I have tried to tell them not to contact me on my job as my employer is very strict about personal calls. Well last week he picked up the phone when one of them called and then even after he let them have it, they showed up here at the office. If I send them all cease and desist letters, how will that work. Do they start the process to garnish my wages and if so, how long does that take? Thank you for any advice.


Hi!
Welcome to the Forums!

You can't send Cease and Desist letters to your creditors/lenders. You can only send this letter to the collection agencies. Your creditors will be able to garnish your wages only after receiving the judgment from the court. Not before that. You should contact your creditors and explain your financial situation to them. Try to arrange an affordable repayment plan with them.


lrhall41

Submitted by Good Nelly on Thu, 07/21/2011 - 20:40

( Posts: 2846 | Credits: )


While you cannot use FDCPA 805(c) to require a creditor to cease collection practices, as it only applies to debt collectors, that is not the only statutory restriction on collection practices.
States invariably have civil codes restricting activities at a place of employment. There are also privacy act statutes that would apply if their contacts at your job make the debt known to those at your work place. It appears that your employer has been made aware of your debt through their contacts at your place of employment. I dont know your state law, but am certain that with proper legal research, you will find a state statute that prevents such activities.

As for garnishment of wages, while some governmental agencies can garnish wages without a specific court order, private actions by commercial parties usually can only be effected by a court order, which is usually part of the judgment secured by a creditor.


lrhall41

Submitted by Lian on Sun, 07/24/2011 - 18:12

( Posts: 234 | Credits: )