Wednesday, March 17, 2010

Can a debt collector take money from your paycheck?

I've been told that this "debt collector" is a scam. But they informed me that they will be taking money out of every paycheck. They also calling sometimes 10 times a day, when I told them to only contact me through the mail.

Can a debt collector take money from your paycheck?
Not sure what you mean about them being a "scam". If you owe the money and they have the legal right to collect they can make reasonable attempts to contact you.





Can they take money out of your paycheck. They first must file a suit and get a judgement against you. Then they can file for a wage garnishment, if it is allowed in your state.





The first thing you need to do is send a debt validation letter to them. In the letter you need to have them provide you proof that they do own the debt, as well as proof that it is your debt. Send this by certified mail with a return receipt to prove that they got it. In order to have them stop contacting you by phone you must send this request in writting. So in the same letter you can state that they are not allowed to contact you by phone.





If after this time they call you(even 1 time) you can file a suit against them for violation of the FDCPA(Fair Debt Collection Practices Act.
Reply:Legally, they can contact you as many times a day as they want as long as you really owe them money. So the 10 phone calls a day are just your hell for not paying them.





As for taking money from your paycheck, they can not attach you wages without documentation signed by a judge.
Reply:they can't take any money from your paycheck and don't dare give them your banking information. If you informed them in


writing to stop calling and you have caller ID then you can


sue them 1,000.00 for each call after receipt of the letter (give them a week grace). Consult with a Consumer Law


Attorney





creditinfocenter com (read carefully, wording is everything)


Write another stop calling, add in the validation,check the statute of limitations on the original creditor, and did they PURCHASE or assigned the debt, and


add your right to sue all in one letter. Don't answer


the phone, I hope you have caller ID and if they don't


leave a message that is harassment also.





check the debt collection agency out and see if they


on the list





buddhibbs com
Reply:debt collector can not take $$ from your paycheck. once they take you to court and get a judgment against you they can file a "satisfaction of judgment" and then the judge signs a form that will take a percentage of your income out of your paycheck. credit collectors are mean and will say almost anything to get money from you. get this collector's name, phone number and address and report to the better business bureau in your area.
Reply:10 times a day is definitely harassment. I don't know what the proper authority to complain to is however.
Reply:They can only do so if they sue you and get a judgement aganst you.


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