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Not only did this firm threaten to jail me if I did not pay on a debt after not sending a statement, they garnished my primary checking account. Is this legal?




Amber, also go to the State of Florida website, I wish I could remember how to get there-we just searched the site until we found the info, its in the state laws, just find the statute and print it out and take it to court-thats what we did- it really pissed off the collectors

Sub: #51 posted on Thu, 01/13/2011 - 19:17

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We just got a letter fromteh blood suckers called hayt, hayt and landau threatening my daughter with a default judjment against her including a long form to fill out and return it to them asking questions like "does anyone owe her money and how much" and they want copies of her bank statements, vehicle registration and title, copies of pay stubs.. and deeds to any property she may own.. Is this legal for them to ask for this kind of information? She tried to make a payment arrangement when she lost her job and they refused because it wasen't enough so then they sued her. This is on an unsecurred credit card of just around $5500 and now the are adding court costs. They represent them seves as lawfirm. Shouild she contate a credit counsler .most wont handle her becuase she iant in deep debt just this card.

Sub: #52 posted on Thu, 02/10/2011 - 14:43

Unregistered


Hello, I do not have any outstanding debts or anything of that nature and I checked my account today and I saw monies were taken out that said "adjustment." I called my bank and they told me that my account has been garnished and a hold has been put on it where I am not able to use any monies in my account at all. They gave me the number to Hayt, Hayt, and Landau, and I wasn't able to get in contact with anyone important. My account is linked with my mother's (and she has some debts she may have not paid, I'm not sure), but I don't understand how my account has been garnished when I have never paid a bill late and don't have any outstanding balances on any of my accounts or cards. Is it legal for them to do this? Help please.

Sub: #53 posted on Fri, 02/11/2011 - 19:22

kbonner09 kbonner09

(Posts: 4 | Credits: )

In order to garnish your bank account, the creditor should file a lawsuit against you and get a judgment. Moreover, you will be informed about the lawsuit and notified about the garnishment. I find the whole matter fishy as you were never late on your payments and thus the question of garnishment does not come. You should contact the bank and check out if you can block that account. Moreover, you should seek legal help in this matter.

Sub: #54 posted on Sat, 02/12/2011 - 02:04

Anna Sweeting Anna Sweeting

(Posts: 1827 | Credits: )

I'm wondering if this is because my account is linked with my mother's? I know she has old debts that probably have not been paid, but I don't think that they are allowed to do this. I never received a summons or anything of that nature and if this is a debt from my mom, isn't it illegal for them to take money out of my account and then place a hold on it where everything is frozen? I called my bank immediately upon seeing this charge and the person that works in the department that could possibly give me some answers was not answering the phone at all and they then gave me the number to HH&L when I called back and the supervisor there wasn't answering either (pretty much everyone from my bank to this "law firm" was apathetic about the whole thing and I wasn't even able to get a quick bit to eat, let alone buy groceries). My mom is going to talk to an attorney on Monday about this because I think I have protection under the consumer credit protection act (I think that is the law but I'm not sure) because there is a laundry list of things they must do that never happened and my account was garnished and put on hold. Could I seek damages from them if this is a debt from my mother and they took money out of my account?

Sub: #55 posted on Sat, 02/12/2011 - 06:06

kbonner09 kbonner09

(Posts: 4 | Credits: )

Back in 2009 I was summons to court for a capital one card last used in 2006 with a balance of like 1200.00, after court, I walked out owing HH&L 4500.00, I have been paying for 22 months and by my records and their interest they add on, I still owe 3100.00, I always request a payment summary or a balance, by phone and mail and never get a response....what should I do??

Sub: #56 posted on Fri, 02/18/2011 - 21:23

Unregistered


I see a lot of misconception and ignorance going on here.

I work for a collection agency (in Michigan). The FDCPA only applies to *consumer* credit, not commercial. Therefore, if you are John Smith who owns Smith Landscaping and your credit card is to the business with you as a personal guarantor? You are not protected by the FDCPA.

My company buys charged off debt. Just because your debt has been charged off does not mean you no longer owe it. It really is only a term for bookkeeping purposes. And yes, we often buy it at really low prices. So? That means we are also in a better position to negotiate settlements. Every day I shake my head when I hear co-workers making deals for a $2,000 settlement on a $40K account (AND offer to remove it from your credit record. Yeah, we are just scum of the earth on that one).

SOL-is different for every state. In FL, the SOL for written contracts (and this includes online applications/contracts) is 5 years. That's 5 years from the date of last payment. Not from when the card was opened, not from when the card was paid off. If your last payment was May 31, 2003, your SOL is 5-31-2008. If you make a payment on 5-30-2008, your new SOL is now 5-30-2013. SOL is important, but not like some make it out to be. All that means is that the company cannot file suit to obtain a judgment, after a certain date. Legal action has to be started before the SOL. So if I file a complaint before 5-31-2003 but it takes me until July 2007 to track you down and serve you? I am still within the SOL. And? I do not have to sue you in your home county, as someone else posted. Read your terms & conditions (nobody ever does, but we really should). The debt that my company buys has in their terms and conditions that they are governed by Utah law. You agreed to that when you agreed to the T&C. You can live in Louisiana and I can sue you in Utah. That also means that Utah SOL applies, not Louisiana. Regardless of all this SOL business? I can contact you and attempt to collect on it until you are 110 or you get a court order telling me otherwise. I may no longer be able to *sue* you over it, but I have every right to continue collection efforts.

Nobody can garnish your paycheck, your bank account, your tax refund or seize property, etc...without having a judgment against you. Even then, they have to get a writ of garnishment to do so, amongst other things.

The reason you owe $5,200 on a credit card that had a $500 max balance is because you defaulted. You had a nice normal interest rate of 7% or so. Once you defaulted, your interest rate jumped to something ridiculous like 34.99%, That too, is in your terms and conditions. That said, many states have a maximum allowable interest rate that is well under the rate in some of these terms and conditions. It may behoove you to quit ignoring debt collector calls and mail and show up at some of these things.

I see a lot out outrage here (hear it every day at work, too). Yes, nobody enjoys getting called by a collector, getting letters, getting sued, garnished, etc...It's even worse when it's for debt that's so old you were sure it was behind you. But this is a business world we live in and you conduct *business* in it. If someone owed YOU $5K would you just roll over after a few years and say "oh well, I guess they're not gonna pay" or would you keep trying? Many of us have been in crappy spots, the economy HAS sucked, etc....that doesn't mean that businesses are the devil incarnate for having the audacity to expect you to do as you SAID you would do.

Sub: #57 posted on Thu, 03/10/2011 - 08:28

Unregistered


Thanks so much for your opinions, Mr. Collector from Michigan. You're right about the consumer vs. commercial loans but I'm not sure why that was even mentioned since it doesn't seem to bear any relevance to recent posts in this thread.

You're partially right about SOL. Yes, it's about suing for payment and yes, you can continue to "try" to collect the debt but, no one needs a court order to get you to stop bugging them. All they need to do is send a cease and desist letter and have proof you received it. If you call after that, as a third party collector, you're pretty much screwed and obviously stupid.

You're also wrong about whose law prevails. That governing law crap in most contracts is so easily overturned, it's really a bunch of wasted space. If you want to sue someone and obtain a judgment that can't be easily dismissed for something like "improper service," you have to sue in the county the person currently lives in. If you're a legit collector, you follow the rules and you usually get cooperation.

If you're a turd, well...you get what you deserve.

Thanks for stopping by!

Sub: #58 posted on Thu, 03/10/2011 - 09:39

OhioGal1 OhioGal1
Moderators Cum Industry Expert
(Posts: 5253 | Credits: )

But he is WRONG on Florida SOL. For credit cards it is 4 years, I just went through this with the courts here, 4 years for credit cards, and he is WRONG on were you can be sued. In Florida if you are a party in a law suit for debts in HAS to be filed in that consumers county!!!! So, Mr Collector you think you know everything, you DO NOT know @!$%. Also, in Florida you can not be garnished, thats why I tell everyone I know if their in debt CLOSE all bank accounts and use prepaid debit cards only. AND when the big wigs in their cushy little offices with their $10,000 leather chairs stop taking millions in pay and incentive bonuses from our government THEN and ONLY THEN will even consider paying my bills. I am sick and tired of banks and fat ass CEO's getting away with running the actual American worker into the ground while they sit back and collect government handouts for themselves. So, Mr Collector take that and shove it sideways!!!

Sub: #59 posted on Thu, 03/10/2011 - 11:01

Unregistered


Hayt Hayt & Landau IS a law firm.

Sub: #60 posted on Tue, 10/16/2012 - 12:01

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