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"midland funding trying to collect boa card"

Date: Tue, 04/08/2008 - 12:00

Submitted by anonymous
on Tue, 04/08/2008 - 12:00

Posts: 202330 Credits: [Donate]

Total Replies: 6


My wife has a BOA card, started out 5000, fees and interest have turned to 8500. we were on pymt plan of 100 a month, lady called, said sorry that wasn't enough, we would be turned to collection. 2 weeks ago got letter from midland funding, threatening lawsuit if we don't pay. Right now we are battling high debt load,and adjustable mortgage, We can afford 100-200 a month max. I haven;t called Midland yet, what should we do? By the way, the card is in my wife's name, I am authorized user, most of use was living expenses from being over extended. My wife works part time for cash, only make 500 a month. I make 85,000 a year. Can they sue her with no income, or garnish my wages?? She used household income to qulify for card. Trying to avoid suits, woild like to make payments. Any advice would be appreciated.


If you are already into a payment plan, contact the consultancy firm. The debtors aren't suppose to call you directly when the negotiation is already being taking place between the the lenders and the settlement firm.

Quote:

2 weeks ago got letter from midland funding, threatening lawsuit if we don't pay.


Ignore them, they are just trying to scare you to squeeze the money out of you. Also inform the debt settlement firm about the call from the collection agency.

And keep us informed with the developments.


lrhall41

Submitted by tweetyturner on Wed, 04/09/2008 - 05:10

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We are not in collection program, were paying BOA 100 a month, my main question is can they garnish my pay over this card, my wife has only cash part time income, however we used household income to qualify for card. Any help would be appreciated.


lrhall41

Submitted by on Sat, 04/12/2008 - 15:09

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In order for them to garnish her wages they would need to file a suit against her and win. Then they would calculate her disposable income (after necessities are subtracted) and they could garnish up to 25% of that. However some states have laws that further regulate the amount that can be garnished (a lower percentage) or may prohibit garnishment altogether.


lrhall41

Submitted by JCEMT on Sat, 04/12/2008 - 15:14

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Thanks for the help. am I right to assume they can't garnish me, even though I'm the husband and all of the income? Should I call and offer them 100 a month, will that be enough on such a large balance? Or if they can't do anything because she has virtually no income, just let the account float till we can throw more money at it later this year. At this point a garnishment would put us into BK. Just trying to buy time till later in year when income hopefully will go up. Thanks.


lrhall41

Submitted by on Sun, 04/13/2008 - 14:15

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The only way they could touch your assets is if your name appeared on the account or if they placed a levy on a bank account in which both of your names appear as authorized users. As to your offer for payment, you can certainly offer it, they are not required to accept it (they may or may not) but you can certainly send the payments, they would have to accept it. If they would refuse payment they would dishonor the contract and null the debt per US uniform commercial code.


lrhall41

Submitted by JCEMT on Sun, 04/13/2008 - 21:40

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Thank you for the help, I will try to scrape up 100 this week to send. When you have so many people chasing you, it's easy just to turn off your phone, and hope they go away. lol. However I know I am gonna face it soon. The funny thing is, out of 50k in credit card debt, with several cards approaching 10k, the only one who has sued is GE (lowe's) on a 1000 balance! That's the last one I figred I would have to worry about. I have settled with them on payament plan, hope I can stick with it.Thanks again for the help!


lrhall41

Submitted by on Tue, 04/15/2008 - 08:28

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