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Simm Associates - Garnish my wages? Can they?

Date: Wed, 10/07/2009 - 10:25

Submitted by anonymous
on Wed, 10/07/2009 - 10:25

Posts: 202330 Credits: [Donate]

Total Replies: 5


I received an electronic call at my office from April Chase @ Simm Associates asking me to call back regarding a debt. When I called back I got another girl on the phone (can't remember her name) telling me about the Debt. I informed her of all the steps I took to cancel the acct (It's Bally Total Fitness) and she told me those weren't the correct steps and became very aggressive and rude. Telling me they were going to garnish my wages and I needed to handle this situation NOW to avoid that garnishment of my wages.

Don't they have to sue you first before making the assumption they can garnish your income?


Yes, they would need to file a lawsuit (most likely a small claims case) and win before any action could be taken to garnish your wages - the only exceptions to this rule (that I am aware of) are taxes and federal student loans.

Send a DV letter via certified mail - they will go away. If not, sue them.


lrhall41

Submitted by on Wed, 10/07/2009 - 14:19

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The Debt Collector refused to give me their mailing address and insisted on sending me some sort of settlement letter. I told her to do whatever she felt she should but I needed a Verification of Debt in order to proceed with anything. She then started calling me uneducated and stupid... she didn't know what a DV was or Verification of Debt and launched into some story about how I needed to settle the debt now or they would garnish my wages. She just got belligerent and angry and insulted me.

I got their mailing address of their website and I am sending them a DV letter as well as a letter stating they are not allowed to contact me via phone calls anymore and all future correspondences need to be via US Postal Service.

She also insisted I send them a post dated check for them to deposit or insisted on getting my banking information so they could charge my account on a specified date. I told her no. I needed information on the debt.

She continued to raise her voice at me and get nasty. I recorded all the conversations and saved them in my email.


lrhall41

Submitted by on Wed, 10/07/2009 - 14:36

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I do believe you are correct, about them not contacting me again.

Last night I did further investigation into the matter. They are claiming to collect on a debt that another company has already been contacting me about (I assumed the other company had handed it off to them).

When I called the company and spoke to a rep she informed me they are the only collection agency (right now) that is authorized to collect on the debt as they have special arrangements set up with Ballys for collections. She told me certain things to look for on the "settlement letter" Simm Associates is claiming to be sending me. And to look further into the company because most likely they have no claim to the debt and no authorization to collect on it.

So I'm DV'ing both companies. Asset Acceptance is much nicer to work with anyways.


lrhall41

Submitted by on Thu, 10/08/2009 - 08:19

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