LTD Financial services
Date: Fri, 02/12/2010 - 00:19
anyways, I'm curious about something, LTD called my husband on HIS cell phone about a HOME DEPOT account that was in my name ONLY. They kept calling his cell phone and harassing him about when I was going to pay this account off.
First off, we have no idea how they got his cell number, and secondly, can they discuss MY account with him when he's not on the account? I wrote them a letter and told them to stop calling his cell number and stop talking to him about my business, that i was pretty sure that it was a violation to the privacy act? I never heard back. This was Dec. 15, 2009.
so I'm writing to ask, can they do that? (talk to someone other than me about my account?)
Also, how does garnishment work these days? do you get something in writing first before it starts to happen? do you get threatened by a lawyer first and it goes to court OR can they simply contact your employer and just take it out? that doesn't seem fair. But my husband had some money taken from his pay and on his pay stub, it simply said 'Georgia'??? LTD is in Texas but home depot is in Georgia.
just curious if anyone can shed some light on the garnishment thing? thanks-
Quote:Originally Posted by AnonymousHi--I am a member here but h
Quote:
Originally Posted by Anonymous Hi--I am a member here but haven't posted in a while so don't remember my log in or password. ugh! |
Your login is your email address. There should be a 'forgot password' link on the login page.
Quote:
Originally Posted by Anonymous anyways, I'm curious about something, LTD called my husband on HIS cell phone about a HOME DEPOT account that was in my name ONLY. They kept calling his cell phone and harassing him about when I was going to pay this account off. First off, we have no idea how they got his cell number, and secondly, can they discuss MY account with him when he's not on the account? I wrote them a letter and told them to stop calling his cell number and stop talking to him about my business, that i was pretty sure that it was a violation to the privacy act? I never heard back. This was Dec. 15, 2009. so I'm writing to ask, can they do that? (talk to someone other than me about my account?) |
Yes and no. They can talk to your spouse about it. But they cannot talk to just anybody about it.
Section 805 of the FDCPA (15 USC 1692c) says this:
(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
And this:
(d) For the purpose of this section, the term ???consumer??? includes the consumer???s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
Quote:
Originally Posted by Anonymous Also, how does garnishment work these days? do you get something in writing first before it starts to happen? do you get threatened by a lawyer first and it goes to court OR can they simply contact your employer and just take it out? that doesn't seem fair. But my husband had some money taken from his pay and on his pay stub, it simply said 'Georgia'??? LTD is in Texas but home depot is in Georgia. just curious if anyone can shed some light on the garnishment thing? thanks- |
Except in limited circumstances (defaulted student loans, child support arrearages, back taxes, and like that) garnishment requires that the collector first sue you and obtain a civil judgement for the money. Was he served with papers to go to court at some point? If he was served, and failed to appear, it's very likely that the collectors have obtained a default judgement against him.
(I'm assuming that he has no idea who, what, or why, here...) He needs to go see the HR/payroll people at work. They can tell him who's filed the garnishment, and through what court. That'll give hime the info to run this thing down.
thanks so much for your help! No, my husband just caught, last n
thanks so much for your help! No, my husband just caught, last night, that something has been taken from his check. Thats actually what I thought, that we would get the 'knock at the door' first and be served. (been there done that), but we haven't heard or gotten anything. I stay at home and my husband is home during the day-works nights, so we never miss anyone who comes by. (plus two grown kids live with me). so unless they just 'said' they tried to serve us and couldn't get us, we didn't see this coming.
I thought this kind of thing, went to the collection agency first, then if no results, they brought a lawyer in and you heard from the lawyer (trying to get you to take a settlement or monthly payment) and if you didn't respond to that, then you got the summons to go to the court. Thats usually how its worked in the past for me. so they skipped a couple of steps here. Not sure what kind of organization LTD is. If they're on the crooked side, anything goes, I guess.
This baffles me because how many people can come up and garnish and just 'say' that they tried to reach you?? And what if the debt is not even legit?
Thanks Uncle Wulf for your help.
(I will try the log in thing)
Re: LTD Financial services
One way to avoid wage garnishment is to Call the company or person that has a judgment against you. They might be willing to accept a payment plan, or even payment of less than the full amount. If you make a deal, be sure it is in writing and signed by both sides.
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Quote:Originally Posted by Anonymousthanks so much for your help
Quote:
Originally Posted by Anonymous thanks so much for your help! No, my husband just caught, last night, that something has been taken from his check. Thats actually what I thought, that we would get the 'knock at the door' first and be served. (been there done that), but we haven't heard or gotten anything. I stay at home and my husband is home during the day-works nights, so we never miss anyone who comes by. (plus two grown kids live with me). so unless they just 'said' they tried to serve us and couldn't get us, we didn't see this coming. I thought this kind of thing, went to the collection agency first, then if no results, they brought a lawyer in and you heard from the lawyer (trying to get you to take a settlement or monthly payment) and if you didn't respond to that, then you got the summons to go to the court. Thats usually how its worked in the past for me. so they skipped a couple of steps here. Not sure what kind of organization LTD is. If they're on the crooked side, anything goes, I guess. This baffles me because how many people can come up and garnish and just 'say' that they tried to reach you?? And what if the debt is not even legit? Thanks Uncle Wulf for your help. (I will try the log in thing) |
Question: Does your husband have an outstanding payday loan? PDL's often use wage assignments. Those function much like a garnishment, except that they are voluntary and revocable. I haven't heard of LTD collecting on payday loans, but that doesn't mean much.
Anyway... What does your husband's pay stub say the deduction is for? By law, employers are required to account for any deductions or adjustments of an employee's pay.