Check-n-Go and collections
Date: Wed, 08/01/2012 - 13:11
This is regarding calls from Fairway Collections representing Check-n-Go.
I had a $3k loan from Check-n-Go and made 2 payments before I had to close my checking account because I was getting overwhelmed.
Regardless, I got a call from Fairway Collections that wanted me to pay $3112 off in either 12 or 24 payments which I said was too high. I negotiated down to 30 payments of $103.80 and put $105 on a cash card so they wouldn't have access to my checking account. Fairway was unable to run my cash card due to the fact that there was a $2 fee to use the card and the amount was 80 cents over.
Fairway now says I broke the agreement and that they will only accept a 12 month payment plan. I was then warned that Check-n-Go tends to sue people arrangements cannot be made and that they had already verified my employment
My questions are as follows:
1) Can I be arrested? I believe the answer is no.
2) Can they garnish my wages? I believe the answer for Texas residents is no but I would like verification.
3) Can they seize any assets of mine? I have 2 used cars worth a combined $8000, rent my residence, and have no other significant assets. I believe the answer is no because Texas homestead protects $60K worth of assets but would like verification of this also please.
4) Can they freeze my checking account without informing me? All that is ever deposited there is wages and my understanding is in Texas, only non-wage income can be garnished. I would like verification and to understand this better too.
I was looking at http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.392.htm
at section 392.301 (b) (3): exercising or threatening to exercise a statutory or contractual right of seizure, repossession, or sale that does not require court proceedings.
Does that mean that a collector can threaten, without a court proceeding, to freeze a bank account?
I had a $3k loan from Check-n-Go and made 2 payments before I had to close my checking account because I was getting overwhelmed.
Regardless, I got a call from Fairway Collections that wanted me to pay $3112 off in either 12 or 24 payments which I said was too high. I negotiated down to 30 payments of $103.80 and put $105 on a cash card so they wouldn't have access to my checking account. Fairway was unable to run my cash card due to the fact that there was a $2 fee to use the card and the amount was 80 cents over.
Fairway now says I broke the agreement and that they will only accept a 12 month payment plan. I was then warned that Check-n-Go tends to sue people arrangements cannot be made and that they had already verified my employment
My questions are as follows:
1) Can I be arrested? I believe the answer is no.
2) Can they garnish my wages? I believe the answer for Texas residents is no but I would like verification.
3) Can they seize any assets of mine? I have 2 used cars worth a combined $8000, rent my residence, and have no other significant assets. I believe the answer is no because Texas homestead protects $60K worth of assets but would like verification of this also please.
4) Can they freeze my checking account without informing me? All that is ever deposited there is wages and my understanding is in Texas, only non-wage income can be garnished. I would like verification and to understand this better too.
I was looking at http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.392.htm
at section 392.301 (b) (3): exercising or threatening to exercise a statutory or contractual right of seizure, repossession, or sale that does not require court proceedings.
Does that mean that a collector can threaten, without a court proceeding, to freeze a bank account?
Quote:1) Can I be arrested? No Quote:2) Can they garnish my
Quote:
1) Can I be arrested? |
No
Quote:
2) Can they garnish my wages? |
No
Quote:
3) Can they seize any assets of mine? I have 2 used cars worth a combined $8000, rent my residence, and have no other significant assets. |
No.
Quote:
4) Can they freeze my checking account without informing me? All that is ever deposited there is wages and my understanding is in Texas, only non-wage income can be garnished. |
You are never given warning on a bank levy. A debtor's checking and savings account are not exempt from a judgment creditor's levy under Texas law. Thus, the judgment creditor is free to secure a writ of execution through the court that granted the judgment. The writ of execution gives the judgment creditor the right to levy the debtor's checking and savings [URL="http://www.ehow.com/info_8672162_can-taken-texas-creditor-judgment.html#"]accounts[/URL]. The creditor can levy the full amount owed or, if the account does not contain enough money to pay off the judgment, the creditor can levy the entire contents of the account.[LEFT]
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