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Lawfirm threatening to garnish wages and sue

Date: Wed, 08/27/2008 - 09:17

Submitted by hzivic
on Wed, 08/27/2008 - 09:17

Posts: 5 Credits: [Donate]

Total Replies: 20


Trauner, Cohen and Thomas LLP sent me a letter (not certified) that said I owed $6K on an old loan. I requested debt verification via a phone conversation, as well as, through a certified letter in the mail. They told me that if I didn't act quickly (by 8/29) that they would move forward and sue me for the balance of the account, as well as, their attorney fees. They said they would also garnish my wages and they have already checked with my companies HR department to verify my employment. I only received the letter and began talking with them on 8/18. After requesting the debt verification on 8/23 they contacted me 12 times on 8/26 (8 calls to my office and 4 to my cell phone). On 8/27 they called my cell phone and I answered. I was asked where I stood with my account and what I planned to do. They had still not sent out my verification of debt. I am absolutely not refusing to pay, I simply want to know why a loan that was originally $3500 is now $6K when I already paid $4500.

Anyway, any help is appreciated. My main thing is I can NOT afford for them to garnish my wages at this point, or EVER.


They cannot garnish your wages unless they sue you and win. Until they validate the debt, I wouldn't pay them a penny. Once they sign for your certified DV, that is really the start date for them to cease trying to collect - so I would check on line with the USPS (dot com) and enter in the certified tracking number. If they call you again after they signed for the letter, tell them that you DV'd them and any collection activities until the DV the debt, is violation of the fdcpa and you will file complaints and pursue your rights.

Also, check the website budhibbs dot com and you will see that this "law firm" is listed as one of the worst.

Unless they sue you they can't garnish your wages. Some states don't even allow garnishment.

What was the bill they are trying to collect on and how old is it? I see you paid $4500 on a $3500 bill. Who was that money paid to? Do you have any statements/receipts for this item?

Sounds like they are trying to intimidate you. Relax! You've come to the right place for help!


lrhall41

Submitted by desperatelyseekingsanity on Wed, 08/27/2008 - 09:27

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Just checked usps.com and they have received my letter (actually Tuesday at 11am). Thanks desperatlyseekingsanity...I'll check out that site!

The original loan was from beneficial. I have tons of paperwork showing the payments I made, as well as, old check stubs and my bank statements. I paid all the payments directly to beneficial. The lawfirm says my balance is all due to compound interest and that I took out two loans with beneficial, which I did NOT do. (two different amounts but same account). Thanks again:)


lrhall41

Submitted by hzivic on Wed, 08/27/2008 - 09:31

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They definitely need to validate that debt! I would call Beneficial and see if they have records of your account. Ask if there were 2 contracts signed. Doesn't hurt to ask. Did you re-loan with Beneficial at some point - take out one loan for example for $2500 - paid down to $1000 then took out another loan with part of the proceeds paying off the first? Just double checking. (That might be a reason why the CA is saying there are 2 loans.)


lrhall41

Submitted by desperatelyseekingsanity on Wed, 08/27/2008 - 09:38

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I originally took out about $2700 then a few months later they sent me something saying I was eligable for an additional $800! I was 19 and just moved out at the time so I bit and took out the additional $800. I don't remember signing anything additional (contract or anything) but that was 9 years ago so I could be wrong. I'll check with beneficial and see if they can give me anything.

PS...TC&T are on that website of the worst lawfirm. Good times!


lrhall41

Submitted by hzivic on Wed, 08/27/2008 - 09:41

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Beneficial (HSBC) is really good at increasing the amount due. I had a $400 credit card that went to collection and by the time I received a letter the about was $1200. I asked them to explain how they came up with that figure and I got a lot of mumbo jumbo. Check with your state licensing board, make sure the company is allow to do business in your state. Sometime collection agencies use the law firm angle to initimidate the customers into paying. Also before you send them anything get it in writing first. Another point make sure you check to see what type of garnishments are allowed in your state. Some states only allow garnishment for taxes, child support and things of that nature


lrhall41

Submitted by bdouble on Wed, 08/27/2008 - 10:12

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I was also contacted by these jerks, have asked for DV by certified mail, they keep calling my boss and threatening to garnish wages. I tried to set up payments but they wont take payments said they have to have payment in full, then he told me he was going to freeze my bank account,so there is no way I am sending them anything with my Bank info on it. Just be careful of what you send them and what you say. good luck


lrhall41

Submitted by on Thu, 08/28/2008 - 10:51

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These people are really brutal! They did not provide me with anything after my first dv letter was sent. Then they called and harassed me telling me they had sent me everything they were legally required to by law (only the original loan agreement proving nothing other than that I had taken out a loan). I sent a 2nd letter certified mail requesting additional information and also telling them not to call me anymore and that all communication should be done via the mail. They called and left me 5 voicemails and text messaged me twice after they received my letter. I am in the process of sueing them now. I did call them and told them I'd pay $1200 (which is what I came up with after reviewing my information) and they declined. I told him I would mail them money orders as of this week (today actually). He still said he didn't care what I did, he was sick of me playing games and that he would see me in court...I said "See ya there!!!"

TO THE GUEST two posts up: Report TC&T to the Federal Trader Commision! I don't know anything about why they are contacting you but definitely send a DV letter (it took them a month to get me my info almost) and a C&D letter...which they will definitely IGNORE...then you can sue them in federal court! If you need a lawyer I have one that seems to be good so far.

TAKE A STAND! I'm sick of these debt collectors taking advantage of us! Don't tell them anything personal and don't let them scare you!


lrhall41

Submitted by on Fri, 10/03/2008 - 07:28

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Trauner Cohen & Thomas
HIGHLY unethical firm. Record everything they say if you live in a state that allows secret recording (35 states do so, check online) If not, make sure you have a witness listening in when you speak with them. Remind them when you deal with them that you are aware of your fdcpa rights. Check with your individual state laws for more details. If you live in a state with extensive protection, you can attempt to countersue them for so much as one additional phone call to your employer after you verbally notify them that you are not allowed to receive such calls at work. They are terrible, bottom feeding scum sucking bill collectors who will stop at nothing to get your money. Good Luck and Heaven help you. Hopefully one day we will be able to rein in disastarous firms such as theirs that feed upon the pain of the unfortunate. The only satisfaction you can get with them is to act stupid and burn up as much of their time as you possibly can, the more time you spend taking them "round the Mulberry Bush" the less time they have to abuse another poor soul. I fell into their hands due to a bill as part of a family estate which was unbeknowst to me until the day they contacted me.


lrhall41

Submitted by on Mon, 10/13/2008 - 10:19

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Received a call from this group on my cell demanding to talk to my daughter or get a message to her. Threats of "charges" being filed in court were given as well as the use of the Geogia Beaureau of Investigation (GBI) name thrown out as someone who coulld "confirm" their firm's legitimacy. Never did they say that they were debt collection agency but made it sound like they were a "law firm". Caller was arrogant, adversarial; definitely abrasive. No clue was giiven as to as to why they want my daughter. They didn't even say it was debt related but I think I broke the code about them when I looked up their name and saw what others have said. Still unsure because my daughter has never had more that a hundred dollars or so go without ultimately being addressed. Don't remember a DV letter ever being sent to them or anything from them saying what was owed to who and from when. I don't answer 1-800 calls because they are usually salesmen but think I remember their number as one that has called before. I'm going to talk to my daughter and see what she knows. Any additional advice on how to deal or nort deal with them?


lrhall41

Submitted by on Wed, 11/12/2008 - 06:51

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I have a Hospital Bill from 3yrs ago and they contacted me by phone in Feb. 2008 he got really nasty with me I explained to him that I was a single mother of two kids and that was not a bill I chose to create. I told him I would send them $5.00 a month. he told me that was not enough I replyed that I had not won the lottery what else did he expect. he told me to that $5.00 and play the lottery because they would not except it. Being advised from my sister I sent the $5.00 that day. The very next day he called me back and asked me where the $5.00 was I said I would send. Two weeks later they cashed the check and a couple of days after that a women named Debbie called me if I could not send more the $5.00 the would start procedures to garnish my wages. I live in Georgia and from my understanding they can. That was 1 year ago the call me every day and I dont answer the phone I also stoped sending them money. Today 5-14-09 I came home from work and found a note on my door from the Sheriff's office that they had some civil papers to deliver to me. It looks like a kid wrote it. I haveto call them tomorrow to get the papers I don't know who they are from but T,C & T is the only one I can think off. Can you tell me with it being a Hospital Bill can they garnish my wages? I tried to get help from the Hospital and they would not help me. I was sent to this hospital from the medicade doctors office for a cat scan (my only income was $400.00 a mo. childsupport when he felt like sending it.) and no insurance, being new to Georgia I did not know that, that hospital would not file low income asst. and I was told I made to much money for medicade. I had to have surgery but I went to another Hospital and they filed a low income app. for me I have the letter from them where I quilfied for 100% of my hospital bill paid. If this other hospital bill is why I have to go to court what can I do?
PLEASE HELP! SIGNED IMTIRED


lrhall41

Submitted by on Thu, 05/14/2009 - 20:11

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