Okay, now this is getting ugly-CA nightmare relived!!

Date: Fri, 02/24/2006 - 10:49

Submitted by dbly
on Fri, 02/24/2006 - 10:49

Posts: 6 Credits: [Donate]

Total Replies: 10

Okay, so you all can tell from my prior posts that I have been dealing with a nightmare CA. Well after they became more abusive, I made a complaint to the local BBB in their city(Phoenix). I made the complaint on 02/17/2006 and I thought that I wouldn't hear anything for 30 days. Well, the CA rep called me yesterday and stated that she was very upset(boo-boo) that I reported her agency to the BBB. She said that she is going to garnish my wages now. Mind you, I have been making payments. I said nothing and disconnected. I researched wage garnishment for North Carolina and this is what I found:
Quote:

"Generally, wage garnishments by banks and loan institutes for car loans, credit card debt, and other personal debt items are not legal in North Carolina. However, there is an exception to this rule if the North Carolina employer of the employee in question has locations in both North Carolina and the state that the garnishment order was obtained in. If the employer has locations in the garnishment-state and in North Carolina and the employee works for the same employer, then it is our administrative position that the North Carolina location is, in effect, under the jurisdiction of the garnishment-state's courts, and is subject to that state's garnishment order for personal debt items."

Does this mean that she cannot garnish my wages?

what it says to me is that she cant unless your employer has an

what it says to me is that she cant unless your employer has an office in her state and she follows that staes rules. Also, unless she is actually empowered to do a garnishment, she just made an illegal threat.. I would report her immediately again to your state AG office.

Try this link and click on file a complaint ncdoj.com/consumerprotection/cp_about.jsp

lrhall41

Submitted by jj on Fri, 02/24/2006 - 11:08

( Posts: 1057 | Credits: )

divorce/ debt consolidation

My husband and I are going through a divorce and we have approx 32,0000 in credit card debt. Is there anyway to consolidate these credit cards and split it all into two loans? With him taking one and me taking one, so that our names can be seperate on each individual loan. We are trying to divide things up as equal as possible. We are selling our home also and don't want to have to touch what little equity we might both get when it is sold......

lrhall41

Submitted by on Fri, 02/24/2006 - 11:32

( Posts: | Credits: )

I do think that it was a blank fire. They got scared as you comp

I do think that it was a blank fire. They got scared as you complained with BBB. It was a good explanation from JJ. One thing you should note here, dbly.

Quote:

subject to that state's garnishment order for personal debt items

So garnishment is enforceable with a court order only. So your creditor needs to win a judgment against you to garnish your wage. However, student loan, tax debt are exceptions.

lrhall41

Submitted by stanley on Fri, 02/24/2006 - 12:11

( Posts: 1639 | Credits: )

zdjk,I think it completely depends upon the company that wil

zdjk,

I think it completely depends upon the company that will be working with you in the consolidation program. Once you register with this site, you are ready to get free counseling with professionals from one of the best debt consolidation companies.

This person will analyze your financial status first and prepare plans according to your need. You can discuss your case with them and see what they recommend. Best of luck.

lrhall41

Submitted by stanley on Fri, 02/24/2006 - 12:17

( Posts: 1639 | Credits: )

The collectors do not have the rights of garnishing the wages. T

The collectors do not have the rights of garnishing the wages. The accounts must be sent to the OC who will further decide their actions. In case if it is required, they will have to file a case with the court. You will be sent a legal notice 20 days in advance and asked to appear in the court. The judge will hear the defense from both the sides before making the decision. Since you have been making the payments regularly, you hold a stronger side.

Do not get feared when the CA threatens you wage garnishment. Put another complaint with the BBB and the local AG's office on this issue.

lrhall41

Submitted by curlycarl on Fri, 02/24/2006 - 15:54

( Posts: 616 | Credits: )

Just out of curiosity, what if the CA bought the debt, therefore

Just out of curiosity, what if the CA bought the debt, therefore they own the account, then can they take steps to garnish your wages?

lrhall41

Submitted by TMD on Sat, 02/25/2006 - 12:06

( Posts: 280 | Credits: )

Hi TMD Welcome to the forums. After the CA has bought the

Hi TMD

Welcome to the forums.

After the CA has bought the debt, he is now the creditor of the account. The original creditor will go out of the picture because he is no more related in it. Now, the CA has all the rights of collections that are allotted to the creditor when debtors default in their payments.

They usually threaten to garnish wages or seize property. They don't need to make such threats if they intend to do so. These judgments are not so easy to file. It has to go through a proper court process. If it had been so easy to file, they would have never bothered to make threats on the phone. Don't scare if a collector is threatening you with these actions. The fdcpa laws consider these threats to be illegal collection activities. You must place your complaints to the law enforcement agency if you are getting such threats.

Regards
Roxette