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94 comments

  1. My husband received a garnishment 3 times within approximately 6 month from a third party collecting for the Indiana Department of Revenue. We have asked all three times for proof of the actual tax bill and to date have received nothing. The third party collection agency send a letter requesting that my husband’s check be garnished, not a court order or any proof of an actual tax bill. THREE TIMES within a 6 month period. THREE seperate orders.

    Need immediate advice

    • Unfortunately tax garnishments are exempt from the Fair Debt Collection Practices Act. Tax garnishments also don’t need to arise from court judgments.

      Your best bet is first to contact the Indiana Department of Revenue for proof (as the collector isn’t governed by the FDCPA and it takes time to respond to you, so why should they bother?) and then to contact a debt settlement law firm who handles tax debts.

      If this garnishment is causing you other financial trouble, you may need to reprioritize your other debts and a debt settlement law firm can help with that too.

      • I was garnished last year from November 2014 to February 2015 for past due rent from an apartment that i was eventually evicted from. The collection agency got all the money from me for the past due rent through garnishment but now they are coming back after me again for the future rent they would have received had I not been evicted. I have begun the process of purchasing my first home but this issue is threatening to cause problem with my FHA loan. What can be done?

    • please help me somebody tell me

  2. I was garnished over a year ago in the county I lived in and assumed my debt was paid. Now they have gone to the county I work in and filed a continuing garnishment. I was never served or sent anything to appear in court. This week in the mail I recieved documents signed by a judge and a couple of days later they garnished my wages. Is that legal? That is like asking dad for money and then going to mom behind his back because I didn’t think he gave me enough.

    • Garnishments–themselves–are not related to where you live or work under the FDCPA, so the actions you describe are legal. And “garnishments” can describe seizing moneys in bank accounts (sometimes called a “bank levy”) and moneys from a paycheck, not just one or the other.

      Now to clarify: garnishments (except e.g. tax liens, student loans and few other limited exceptions) arise from judgments entered in lawsuits, and the FDCPA itself makes it illegal to sue you anywhere but the county of your residence, except in the case of real property or where you signed the contract in the county of suit. So that the garnishment Order got entered where you live makes sense (as does that you bank in the county in which you reside, and that you work in another county doesn’t fail to make sense–even with these gas prices!).

      So it seems what the debt collector did was take as much money as they could from your bank, and then went to your job to satisfy the remainder.

      As an aside, you likely need some debt settlement help. The Debt Help Lawyers at 888 595 9111 can give you a free debt evaluation and settlement plan, as well as reviewing the entire set of factual circumstances surrounding the debt, collector lawsuit and garnishments to see if anything that occurred violated the FDCPA, another federal consumer protection law or State law. The consult is free, so you might as well talk to these people who help consumers with their debt problems–perhaps you can get some solutions that way. Good luck.

  3. I paid off a judgment through Garnishment and even though the creditor and their lawyer have sent me letters saying its paid and 0 balance the law firm has not filed the satisfaction of judgment with the court even though they said they mailed it out over a month ago. The clerk of court (nice woman, helpful) even called this lawyer and asked him to fax it in to the court. I have been trying to get this case listed as “satisfied” so My FHA morgage pre approval can start. Short of hiring a lawyer what can I do?

    • What the collector is doing may just be in violation of the FDCPA and an unfair practice under it. Unfortunately, collectors get paid for collecting — not for filing paperwork such as this that only benefits you. And it seems the delay in filing it may cause you actual damages with regard to your loan. The debt, if it is being reported on your credit, should also be updated to state it was satisfied — failure to do so may be violation of the Fair Credit Reporting Act.

      You should send the collector a certified letter, return receipt, advising them of: (1) their duty to file a satisfaction, (2) the efforts you have made to get them to do so and (3) that their failure to do so is causing you harm with regard to your loan application. In the letter also give them 14 days to file it.

      If after you send this letter they don’t file the satisfaction within the 14 days, hire a Debt Help Lawyer to bring a Fair Debt claim — the lawyers at 888-595-9111 can represent you in a Fair Debt or Fair Credit claim at no cost to you and can recover damages for you, plus their attorney fees.

    • Sit and wait. Once paid, the collector has little motivation to take care of you. BUT, your judgment is now satisfied, so you can pull your credit report and dispute the debt to the bureaus. If the debt gets verified by the collector or creditor (whoever is reporting) and that affects your loan application, you will have a strong case under the Fair Credit Reporting Act. You can take the time necessary to dispute yourself and then contact the Fair Credit Reporting Lawyers at this site who will represent you at no cost to you, or you can hire LawCent to do your disputing for as little as $20/month. If you aren’t satisfied with the services, cancel before you pay the prior month’s bill, and if you sign up through this site, you pay just One Cent to hire the LawCent legal team. Learn more about LawCent.

  4. Hello,
    I am currently signed up with a company called Smartpay/billfloat. It is simple, they float your bills or purchase in installments. If you pay your total amount within a 3 month period you have paid off your bill or purchase and no interest or, “rental fees” as they call them, is applied. I purchased a phone through a 3rd party. I was only given a receipt of the service and told to access the bill float program and actual phone purchase receipt online (stupid of me I know ). Of course, there is no receipt or information online on their confusing website. I agreed to pay a total of $325 but the billfloat company says I owe $400. I have no paper proof to prove this so I bite the bullet, and start making installments of $87.20 to pay off the $400, to avoid late fees and such (also, I CANNOT return the phone for whatever reason the company says). Come to the day of end of my 3 month period and I call this company to pay off my total remaining amount of $138.40. They do not call or contact me for this last payment, as they have done with my other payments, I must contact them. They also ask me to pay the $87.20 installment and say nothing about the total $138.40 I need to pay to close my account. My debit card had been compromised and it was closed so I had to wait for my new one to come in the mail. The bill float company says that they SOLELY take debit card. They REFUSE to take a cc with my name on it, my checking account information ( which they say they will take on their website), or my bf’s debit card. When I tell them that if I do not pay today, I cannot honor my 3 month pay period with them and astronomical interest or “fees” (25%) will then be applied to my account. They tell me there is nothing they can do and refuse my payment. Come to today, I get an email/text to make a payment of $174.40. This raise to the installment is due to interest/fees. The total amount I need to pay to close my account is no longer $138.40 but a bit over $300. They do not ask me for $300 but ask for $174.40. I have been had in a pay now, pay later scheme. I have read MANY complaints online about this company. From making multiple illegal charges to accounts, to refusing payments to add fees , to people being sent to a very random collections agency who refuses any form of payment besides debit cards. Does this place seem legitimate? Should I pay the remaining $300 and eat the cost? Do I have a chance of fighting this in court? Can a company and/or collections agency reject payment methods/only accept debit cards? Doesn’t it seem a bit shady that a company only uses debit cards and not credit cards that allow for schemes like these to be tracked more easily? What will happen to my almost perfect credit ( I’m a 24yr old student and have worked hard at keeping my credit clean) if I refuse to pay these people and cut off contact? Help!

    Brandy

    • At the very least, I think your question as to whether a company and/or collections agency reject payment methods/only accept debit cards provides an easy point to start a conversation.

      Under the Electronic Fund Transfer Act (EFTA), no person may condition the extension of credit to a consumer on such consumer’s repayment by means of a pre authorized electronic funds transfer. It seems that the company may be violating that provision, and I would be curious as to whether the company required you to pay the loan back by recurring debit charges. If so, a class action may be advisable.

      The EFTA is just one of ten must know consumer protection laws that may have been violated. Call 888-595-9111 and let the class action attorneys at this site help you.

  5. I found out that my accounts were frozen over a week ago. When I called the bank to see what was going on, they said they has no information to provide to me, but they has a name on my account and number. After calling thr guy informed me thst he was the attorney for the bank and I needed to call the creditor. Turns out a credit card company has placed a garnishment on my accounts. After speaking with the post judgment department trying to make a settlement plan, she informed me that she could not speak to me or make any settlements because I had not been served yet a summons. I asked what summons and she said it went out for delivery on 3 July and today is now 22 July and I still have not received anything and now my bills are going unpaid because I cannot make a settlement or use my accounts. What recourse do I have, if any?

    • It sounds like you were sued and got defaulted. Do you recall ever being served with a lawsuit? If not (and it does happen), you may be able to have the judgment set aside if you have a meritorious defense, and if judgment was entered without you even knowing you were sued, that may be a violation of the Fair Debt Collection Practices Act. Over-garnishing may, too, be a violation of the FDCPA. Debt settlement, with regard to this debt and/or other debts may, be a wise option as well.
      You could probably benefit from the counsel and assistance of a Debt Help Lawyer, take advantage of a free consultation and case review options available from this website. Call 888-595-9111.

  6. A lady got a payday loan and then paid it off. After the last payment the payday loan company – Bottom Dollar Loan – claimed she still owed 8 payments. She printed the screenshot showing she paid the total, before they were able to wipe the customer page. Then she called and demanded a contract copy. They generated a new contract, without her signature, and claimed she owed money. The new contract was dated on the day the original contract was paid off. She threatened to sue and they quit bothering her. Now, 5 months later, a collection company – Account Recovery, in SD – is calling her 6 times a day 7 days a week claiming she owes money on that debt. She disputed the debt, and refused to pay unless they can show a contract. They admitted they have no proof, other than a bill they generated. They are threatening to sue and try to take her property to pay the debt. There is proof the original debt was paid in full, on time, and there is no proof of a new debt (because there was no second loan, the claim is fraudulent.). They said they don’t care, they will collect anyway. What should she do?

    • She should contact a Fair Debt Lawyer, the ones at this site offer free no obligation case reviews and consultations here or by calling 888-595-9111.

      As for the underlying facts, it sounds as though several laws may be in play here. First, Truth In Lending laws make it illegal to simply generate new contracts; the enforceable contract is the one signed at the time the loan was consummated.

      The Fair Debt Collection Practices Act is another law that may be in play here. This federal law requires a debt collector to validate a debt if, within 30 days of receipt of the collector’s initial communication, you dispute the debt or any part of it, and if they don’t, to cease collections.

      As for Account Recovery, calling someone 6 times a day any day, let alone every day, likely constitutes harassment under section D of the FDCPA. And the threat they are making against this lady — to sue and take her property — these all but certainly violate the FDCPA and entitle this lady to statutory damages of up to $1,000, actual damages and her attorney fees, so hiring the right lawyer will cost her nothing. Again, the Debt Help Lawyers at this site accept Fair Debt cases without charge, so she should call them or submit online today.

  7. I made the mistake of taking out a payday loan I had no idea they were illegal in nc. I lost my job a month after and could not pay. I tried calling them but their number was disconnected. Now i am getting calls from people demanding there money. I called my attorney general and she told me not to send them no money until they sent me a bill but they claim that they don’t accept a mail in payment. They told me that if i did not pay that they will take me to court

  8. They also tell me that I will be sued and that I need a lawyer. They call me everyday and when I don’t answer my cell phone they call my house and my work. They also told me since I closed my account like the police and the attorney general told me to that the collection company was going to charge me with bad check fraud

  9. I found out that my bank account was frozen a week ago. I called the bank and they said it was levied, gave me a contact person to call and that they cannot give me much info. My bank accounts are frozen, and now I found out they are garnishing wages from paycheck . is it allowed to do both? i called the number they provided and i was told that once the amount owed is satisfied they will release the amounts in my bank accounts. please advice.

    • A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. However, the story you tell does not pass the “smell test” as either you didn’t get a fair chance to respond to the lawsuit or there was a likely improper service to begin with. You likely have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  10. I paid off a judgment through Garnishment. I had to contact the lawyers office for them to send the dismissal letter to my employer because the acct was over paid. After 6 calls to the lawyer “starting calling since july and he finally returned my called in sept and advise the acct was paid in full and he did recieve an overpayment from my employement. He then tells me that how i still owe an additional fee because he was going to collect on the interest of the loan because when he initially put in for the judgement for his lawyer fees of 3000.00 the judge only awared them 350.00 for cost. he first ask if i wanted to settle for a 1000.00 and i said no because the judge already awarded him his cost. then on sept 26 he calls to tell me that he will be sending my additional checks and paperwork. i waited till 10/16 to call the lawyer back because i havent recieved anything. after a hostile message i recieved a call on 1017 stating he mailed my checks out and dismissal ltr since 100614 to the wrong address”go figure”. when i gave him my correct address on 101714, on 10/2314 he sends me an email stating that he will resend the info out plus he filed a motion to sue me for extra 4000.00 for court fees. is this legal??!!! I believe he stalled on my additional monies in order to file his motion for nov 24! think he trying to double dip me and this is crazy. is there anything i can do?? pls help

    • Consumers do have rights under the Fair Debt Collection Practices Act (FDCPA) Take advantage of this site’s FREE, no obligation case review and let’s figure out how to get you some real help, you may be entitled to $1,000 or more! Make the collector follow the law or pay you, call us at 888-595-9111 and we’ll get you taken care of.

      • My credit report was pulled by a debt collection agency when it was determined by the CFPB that I do not have a debt with the debt collector.

        When contacted by me, the debt collector had no idea why an employee of the agency had run a credit check on me. I’ve been getting the runaround but want to sue to send a very clear message to the debt collector.

        • Thank you for your question, this sounds like an issue we should definitely look into further for you. You may have experienced a violation of your rights under the FDCPA or FCRA. The Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. Give us a call and let’s figure out how to get you some real help. 888-595-9111.

          • I recently checked my credit report and found a $4400 collection posted by LVNV funding in 2013. I defaulted on a personal loan in 2010. I’m trying to get this collection off my report so I can buy a house soon. What is the best course of action to clear this up?

  11. Today I contacted a law office that took on my 10 month old debt to a property management company. I wanted to negotiate a payoff amount and/or payment arrangements so that I could obtain a letter once my final payment was made to a new Landlord, who would rent me his property once he received confirmation and/or a letter showing I had set up payment arrangements or paid off the debt. They negotiated down from $638 to $500. I did set up weekly payments via EFT until paid 11/7/14. My “Case Manager: claims that they do not send out a paid letter until final payment was made. This I understand. I also requested a confirmation of such payment arrangement for my records. She was rude and enforced that no letter but a final payoff letter will be sent.

    What gives me any reassurance that our “verbal” arrangement will behonored by them upon final payment> Who is to say they don’t come back at me and say I owe them more??? Do I not have a right to have a written agreement of our payment arrangement?? Frustrated! Thank you!

    • This sounds like an issue that you should address directly with the attorney that is currently representing you. After the account is paid, if the creditor or collector does not follow through with the terms of your settlement agreement, and if they continue to demand more money, we would be more then happy to examine your fair debt rights. The Fair Debt Collection Practices Act (FDCPA) is a consumer protection law specifically designed to protect consumers in your situation. Call 888 595 9111 for a free, fast no obligation case review.

  12. I leased an apartment in Washington State in Aug 2007. I broke the lease with military oders in Jan 2010 and thought that my status with the apartment was good (they kept my whole deposit). I left the county on military orders until 2012. Today, 3 Nov 14, I was informed I had a $1865 collection on my credit (was not there two weeks ago, I checked). I contacted the collection agency (which the property management company also owns), and was informed I owed an additionally $1200 in interest for the past 5 years and that the collection was submitted in 2010. I have bought properties, cars, and checked my credit hundreds of times since then, this was never there. Can this company do this, just submit a collection through their own collection company whenever they want to without and notice to me, especially on an apartment?

  13. I am seeking legal assistance regarding a memorandum of costs notice I received in the mail 2 months ago. I underwent foreclosure of my condominium in California in 2009 due to the loss of one of my jobs and unable to make the payments under the loan I was in (from a bank that consequently went through their own legal battles regarding fraudulent home loans). Thus, I was also unable to continue payments on my condominium fees while I was attempting to sell the condo prior to foreclosure. Consequently, the condominium association filed suit against me and earlier this year, my bank account was garnished over $4500 for the judgment. I am unsure if I was served appropriately or given opportunities to appeal or respond as I moved to Washington in 2010. The current notice, which is a declaration of accrued interest, is for an additional amount exceeding just over $1700, dated 9/18/14. I’ve recently moved to Oregon, so I imagine the forwarding time contributed to the delay in my receiving the notice as well. I have attempted to contact the law firm to negotiate a payment plan to avoid further bank levies and to simply begin resolving this matter. I have not received a response and today was notified my bank account is being held again for $3000 which is in excess of the most recent notice I had received. I know time is of the essence in this matter and I would like to know if there is a chance for me to determine if these are legitimate claims as it is a challenge to decipher the case data. I have a copy of the case summary (it was filed in California) and can send it to you for review. It appears the original case was dismissed and expired, then re-filed years later! It seems they are arbitrarily demanding more and more to resolve this very old case and I fear they will simply continue to be allowed to levy my account at will to no end as the amount they have collected from me has well exceeded the original debt. If you are unable to offer guidance at this time, please let me know if you can direct me towards an appropriate resource. I appreciate your time and look forward to hearing from you.

  14. I received a call from a company called Dynamic Recovery Solutions about a 20 year old debt. Which has obviously reached its statues of limitations. Is this legal?
    I did tell them to cease and desist.

    • It is legal to make that first call, yes. But they cannot call after you said stop. And they may have made some misstatements and missteps along the way given the age of the debt. And did you ever get anything in writing from them? If not, they violated your FDCPA rights. Call us and we will get it taken care of or die trying.

  15. Can a debt collector, collect for a debt in which fraud was used in the origination of the loan. the loan was created by fraudulent information and after 10 years there still trying to collect. no payment has ever been made and the request for a court case has been requested to clear up the matter for 10 years now.

    • A lot more facts would be needed to answer, including whether the creditor or collector sued you for this debt and got a judgment, when the most recent attempt to collect on the account was, and whether you disputed the debt? While the questions may be hard, the answer is easy: get a Debt Help Lawyer from this site to enforce your consumer credit and fair debt rights. Call us at 888-595-9111 and get a free case review, there is no obligation and it sounds like you can use the help!

  16. I was just wondering in the state of NC how many times a day a collector is allowed to call your cell phone. I am receiving anywhere from 5- 12 calls a day, with some starting to go to unknown caller or no caller id 1-2 minutes after they hang up from the first call. The 5-12 or more calls are ones listed with the same number on caller id.

    • Under both state and federal law, collectors cannot use tactics that harass or abuse such as excessive calling. And once you say “stop calling,” continued calls violate several more federal statutes. Don’t let this continue, it often takes a lawyer’s involvement to cease bad collections and the Debt Help Lawyers at this site can help you at no cost to you. Call 888-595-9111 now and get the free, no obligation Fair Debt process started!

  17. Today my son got a letter from a chiropractor stating that he owes him money from 2005. We have not received any other notice that he owed this money. He was still in high school at the time the service took place. He was at that time living under my roof and also on my ins. I also had a problem with this chiropractor trying to charge myself at that time saying that the ins payment went toward my deductible which I proved was not so because I still had my SON’s which showed that they had paid him. I do not have the correspondence between us. I want to know the stutuate of limitations on this bill.

    • Its hard to answer for certain as the statute of limitations is different state to state, but it sounds fishy to us. Call us at 888-595-9111 for a free no obligation case review, we will get some additional info from you and get started helping! You can also read more about medical collections here:

  18. My boyfriend gave me a gift of a monthly membership (for a year) to Massage Envy. He signed the contract and provided his payment and contact information. At some point, his payment information changed (unbeknownst to me) and I was not aware nor using the membership. Anyway, I receive in the mail a collections letter from Transworld Systems (without any prior notice or contact) stating I owe money to Massage Envy. I sent a letter of dispute to both the company itself and Transworld via regular and certified mail. To date, Transworld has not responded but more than 30 days after Massage Envy received this letter, they are sending me another stating I owe them more money. I disputed all of this because I did not sign the contract and have yet to been provided with documentation to show otherwise. What can I do? How can they send me to collections when I didn’t sign the contract, and also to send me to collections twice?

    • You likely have experienced some sort of Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  19. I received a letter from an attorney in regards to Debt Collection for a house my husband owned 7 years before we got married. He is behind on his payments, but the house and deed are in his name solely. We are in NC which is a non community property state. We do not live in this house and have purchased another house that is solely in my name, 3 years prior to us getting married. I need help understanding if I am liable? And if this attorney should be contacting me at all? Please help.

    • The collection activity sounds questionable. Please call one of our legal assistants so we can ask a few more questions. You may have experienced some sort of Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation call us at 888-595-9111.

  20. Ive paid a judgement off in full with monthly payments, not a garnishment, just me sending them the payments. Anyway, it’s paid off. I would like to know how to get this judgement from damaging my credit score? I probably would have been better off not paying it. It seems like it does just as much damage with it paid as if it wasn’t paid! What is your advice to me if you have any that could help?

    • Thank you for your question, contact the law firm that represented the plaintiff they will need to file a satisfaction of judgment. Looking ahead, if you have old debts or judgments you may benefit from re-prioritizing your debts through settlement, even judgments can be settled for LESS then what is owed. The Debt Help Lawyers at this site can provide you a free, no obligation financial consultation. Let’s get you some help and get old debts wiped out or settled give us a call at 888-595-9111 or follow the link on this site and submit an inquiry we will get started figuring out how to help you!

  21. I took out a payday loan and defaulted on it, but was making payments. Then the store closed. This was about 2 years ago. I recently received a letter from another branch of the store stating that they were going to press criminal charges against me for check fraud if I didn’t contact them. Is it illegal to threaten like this when they cannot follow through? In the state I live in criminal charges for a payday loan are prohibited. They knew the check was bad when they took it. There was no fraud.

    • You may have experienced a Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. Give us a call and let’s figure out how to get you some real help, you may be entitled to $1,000 or more! Additionally, you may also benefit from re-prioritizing your debt through debt settlement by resolving these old account for less than what is owed, call us at 888-595-9111 and we’ll get you taken care of.

  22. i just recieved a collection letter from a university recently for tuition that was owed in 2011.What is the statute of limitations on this in the state of Delaware? It was 4 years agowhen i first heard from the university.

    • Government debt is handled differently, but regardless it sounds like you would benefit from a fair debt review. The Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  23. I got a week or so behind with my DriveTime payment and they would call me multiple times a day leaving voicemail messages every time. One time they called me and I answered it and I said hello a few times before a lady came on the line. I asked to not be called so many times a day and they told me that they were not able to limit how often they called. I told them to just stop calling me in general and they didn’t. I FINALLY got someone to make my number a bad number in the system so they don’t call me. What can I do about the times they did call me multiple times a day and left messages?

  24. Upon the death of a friend who perished in a fire in her home, who had a reverse mortgage, the dwelling a total loss, yet covered by insurance, as executor of the estate, with
    proceeds from insurance coverage of the dwelling, the insurance company issued a check payable to the mortgage company, who also claims to be a debt collector, and to the executor of the estate, for the full amount due to pay off the loan. The executor of the estate, endorsed the check, payable to the mortgage company, with the loan number, and mailed check to the mortgage company. The same day, a photo copy of the check that was sent by mail, and a cover letter, stating that the check was “loan payoff, with the loan number,
    was faxed to the mortgage company, to inform them that the check was mailed, and on it’s way to them. The mortgage company cashed the check, but did not apply the money, to the loan. Instead, the mortgage company, put the money in a non interest bearing account, and claims that the money could not be accessed by anyone but the decedent, without a credit approval.
    After the check was cashed, the executor received a phone call, stating that the check
    was not endorsed properly.
    Because the mortgage company did not apply the money to pay off the loan, the mortgage company has started foreclosure proceedings.

    Simple logic suggests that if the executor of an estate, endorses a check, payable to the mortgage company, with the loan number on the check, as well as a faxed cover letter stating that the check is “loan payoff”, which also has the loan number on the letter, this appears to be a stall tactic, to obtain more
    interest on the reverse mortgage loan, from the
    estate of the decedent, and this tactic appears to be that of an unscrupulous debt collection company, instead of a legitimate mortgage company.
    The estate is in probate in IL, the reverse mortgage company, who continues to send letters to the executor, threatening foreclosure of the property, is based in Dallas, TX, and Lansing Mi.

  25. I cancelled my clear account 7 months ago due to a defective modem and I was not willing to buy another one so soon. I did a cancellation over the phone. I thought my account was paid in full because I paid in advance and because the representative said I had no balance. When I called back there automatic system says I have no balance and it said that then. Fast forward to now, I get a letter in the mail from a collection agency saying I owe $65.00 which is about two months of service I believe and when I called clear they conveniently claim to have no record of the cancellation taking place only notes stating a cancellation was discussed. I definitely cancelled and while I will agree its possible I owe for 1 month because companies billing cycles vary and its possible the rep meant I had no bill at the time, but when the new bill was generated its possible I owed for what little time was left of that month. The two months comes in because they are saying they suspended it after two months of non payment. My problem is I would have easily paid the one month had I known about it. I never received a phone call, a bill, a letter and no email. I got nothing whatsoever to inform me that I had a balance and still owed. I don’t understand how 7 months go by and nothing. My information has not changed and the only notification I get is a letter from a collection agency. I don’t want this affecting my credit because that’s what normally happens when it’s with a collection agency and certainly not for $65.00. How can I pay a debt if I have no knowledge that I even had one. I contacted them and made arrangements to pay and they are charging me only for the one month, but how do I ensure that my credit is not affected by this? Furthermore, what irritates me is how can companies send you to a collection agency without even letting you know that you owe them and have you thinking you balance is 0. I am also going to request a bill.

    • Also when I asked them how come they never told me because I thought I had a 0 bal, I was informed by one rep that they sent one email to me in Aug 2013 which I replied I cancelled in 2014 not 2013. I never got any emails. Then another rep confirmed they don’t send out anything. They all have different stories every time I call.

    • Please reach out to us today and talk with a legal assistant. We would be happy to have an attorney review the facts and determine if you have a claim. You may have experienced a violation of your fair debt rights or fair credit billing rights. Our contact number is 888-595-9111 no cost or obligation for our review and no cost to help if the attorney agrees to take case. Give us a call today.

  26. I have a collections account active on my credit report. I called to make payment arrangements of $100 a month and was told that they would not accept it. I told them that I was possibly considering bankruptcy and that they would end up getting nothing. He said he would rather get nothing than my $100 a month. Mind you this was at the full price of the debt. With no discount the best he said he could do was $200 a month for 3 months and then we would re-negotiate. I have other creditors I need to make arrangements with as well and can’t afford that. Can he really just refuse to take my $100 monthly payment ? What course of action should I take ?

  27. I own and operate a property management company. We act as an agent for the communities we manage, and as such, we are bound by the instructions of the owner(s)/board of directors. We have a community whose board of directors terminated a landscaping company for poor performance. The landscaping company claims that money is owed, and the board of directors is disputing the amount that is owed. We are bound by their decision to not issue a check; paying this without the board’s authorization could result in our termination. Meanwhile, the landscaping company hired an attorney who has now sent a demand letter to us indicating that the management company, its owners, and the board of directors are jointly and severally liable for the purported debt, and indicating that we will be sued if payment in full is not remitted within 5 calendar days.

    In almost a decade of property management I have never heard of a management company being sued for a debt incurred by a community they manage. We don’t own the property and we did not benefit from the services provided. It sounds absolutely absurd that we can be sued for someone else’s debt! More importantly, as private individuals, don’t we have some sort of right to contest this without having to go through an expensive lawsuit?

  28. I have a current collections account that is near $2000. I spoke to a rep from the collection agency last month and explained that I am a full-time student and work part-time and had I was having trouble paying. He said he would be willing to accept half that amount as settlement and would accept two roughly $500 payments. Mind you, there was no official letter documenting this settlement and I have already made one of those payments. Today I received a notice stating that the 2nd (and supposed) “last” payment will be this Friday the 29th. The letter shows I have a balance due of $1500. I have to give them a 48 hour notice to stop the (2nd and last) payment I authorized. What do I do from here? I fear they might of used the whole “settlement” thing against me to get a quick payment and will still pursue the full amount due to not having a signed document to prove the settlement. Do I make the payment or should I stop and ask to have some sort of settlement document drawn and signed before I do so?

  29. I lost my job in 2009 and had to break a lease. I owed $1072. It was placed on my credit in April of 2009. I was able to rent an apartment and I haven’t had any other credit issues. I just found out today, that my debt was sold in December 2014. Now it has reset the clock AND no one will rent to me. I was not given any notice of this. Can they do this? I am in Texas.

    • Selling a debt doesn’t restart the reporting clock, collectors only wish it did. Sounds like your FDCPA and FCRA rights are being violated, give us a call and we’ll help. 888-595-9111.

  30. hello! I had credit cards when I was married. I divorced in 1998. I worked at McDonalds and a newly single mother of two children. I paid all my credit card bills up till the year of 2000. I moved to another county in the same state. What I was wanting to know is what is the statue of limitations? I get at least 6 calls a day at all hours of the day and night from 2 different collection agencies and they call my daughters house phone… they even leave messages? what do I need to do? THANK YOU FOR ANY INFORMATION GIVEN!

  31. In Jan of 09 I had an accident that left me disabled went thought many surgeries that year and the next year in Oct of 09 papers were served to my stepson 17 at the time and didn’t live with us.we didn’t get the papers needless to say.because of the accident we couldn’t pay the debt and they refused to work with us there was a judgment against me and my now ex wife I ran my credit report in 2013 don’t remember it on there.I go to pre qualify for a mortgage this week there is a judgment against me.
    What can I do I never received the summons to go to court.they only gave 10days to answer.the papers were given to a minor and he didn’t live there.there is no negative trade line from the original debt.I had to go to the court house and get copies of the papers.to find this info out..

  32. Received a letter yesterday from GC Services demanding $510 for a supposedly unpaid traffic citation from 1994.. that’s 21 years ago. I have a valid license, have renewed it multiple times. I have registered two vehicles every year for the past 21 years so obviously the DMV here in California has no hold on me so what is with this fine popping up from 21 years ago. I called the traffic court and they told me I had to speak with GC Services. Can you be put into collection for a ticket from 21 years ago.

  33. i live in Mississippi and got a call saying that i owe this online payday service almost $2000.00 for borrowing $239.00 and that is with late fees and everything else the first caller said it from 2010 then the next caller said it was from July 2009 because i asked again when did this happen also the caller said that i could have called and got the loan generated that way over the phone plus they also said that trustmark bank verified that i had this money deposited in to this bank in 2009. the problem is i havent had an account with trustmark since Dec 1, 2008 because that is when i closed the account and they have record of it too and that no other account was or has been open nor active since i closed it in 2008. it is June 2015 and this company is just now calling me saying i owe them and to pay and that if i dont they will suspend my drivers license suspend my vehicle registration if i do not agree to pay before the weekend. i told them that i am just as confused and that it is impossible for that to be true and that i dont owe anything and that i will dispute it……..they had the last of my social, and old address from back in 2006 2007 and old job that i have not worked for since 2007. they have cut me off from talking several times when i asked questions like wouldnt my name be on this checking account and asked do they deposit money into checking or savings or both and they said just checking. well i said to myself the last account i had with trustmark was a savings account until i closed it Dec 1, 2008 and owed $17.92 from 2008 that i just paid because i did not know i owed them a dime. so can they suspend my license supend my vehicle registration because i know for a fact the bank has record of my last active account with them and that was in 2008.

    • also how did they come across the last of my social and dont have the first 5 digits and my phone number i jotted down the two last digits they said were used at the bank on this allegedly active checking account from 2009 and or 2010 when i know i closed my account Dec 1, 2008

  34. How long can my apartment come after me and my wife for an eviction

  35. i have a medical bill in collection on the court decree it says total amount due 5,908.00 example, in respect. but a new court appearance raising my monthly payment reveals interest of 1.08 a day on top of the amount already agreed apon, is this legal also they have never to this day reported anything but bad to the Experian credit reporting agency,
    and i make my payments every month and on time i also see where there is 90dollars missing from start of payments, i am having trouble finding my stubs from money orders but i know i started paying in the month following the court date, i would like to know if i was to take them to court on them changing the interest plus reporting negative actions on me and changing the interest amount from total of 5,908.00 to 1.08 day interest creating 6798.00 can this be thrown out of court in my favor? they take the interest already paid and rest dropped?

  36. I received a notice from an attorney, who started the judgment process within the 30 day window of my response back. I have proof that I mailed the reply (certified mail) within the 30 day window after receipt of his first notice, since he represents the Creditor.

    I sent a request asking for a bonefide, verified proof of claim signed by a wet ink signature under penalty and perjury, back in May 2015. He has still to provide that documentation to me, to this day, and has had the judgement awarded and has supenoaed documents that they are demanding I bring in September.

    This of course is in the state of Virginia, which does not have a state Fair Debt Collection Act.

  37. I received a letter on July 3, 2105 from Wells Fargo stating a garnishment had been placed on my checking account. Upon calling the branch served, I was told I should call the attorney listed on the papers. My husband had a credit card bill he had been trying to make payment arrangements with and they placed the garnishment. He went to the attorney on July 20 and paid the 5,000 of the 10000 owed and they agreed on payments until the account was paid in FULL. The attorney’s office notified the court and Wells Fargo on July 20 of voluntary dismissal of the garnishment. On August 21, Wells Fargo sent the Court a check out of my account for 5,902.64, leaving me with a balance of -5,900 due as a result of overdraft fees for transactions that did not clear. We contacted the customer service to no avail, and on the following Monday went to a Wells Fargo branch for assistance. The Branch manager confirmed with the court that the paper work had been transmitted to Wells Fargo’s legal office on July 20, however, Wells Fargo refuses to acknowledge receipt of that documentation. Furthermore, they continue to tell me that they are going to “charge off” my checking account, that “nothing matters prior to August 20th, and they did not receive the dismissal until August 24th, which was the day we sat with the Branch manager while he received the dismissal date of July 20th form the court. He then notified the legal department the same day, August 24. He also opened another checking account for me until this could be corrected so my direct deposit could go in since it was the end of the month. On Saturday, the branch manager called me and told me my check had been routed into the negative/frozen account to offset the negative balance and they would not let him transfer the money. After battling with that they transferred my check. The court received the check from Wells Fargo on August 25 and returned the check on August 26. It is not Sept. 3 and my account is still negative -5900 and in my attempts to get help, I have spoken to at least 30 people and no one will help me. I spoke with a Theresa, supposedly the manager of the Legal dept, but only after Sholita emailed her to see if she would take my call. Theresa, informed me that because there was a garnishment order, I should have never been allowed the option of another checking account. I tried to explain to her the order was dismissed on July 20 per the attorney and the court and the court clerk showed up in the computer where the information had been sent. Additionally the account was opened after the paper work was retrieve from the branch manager showing the dismissal on July 20 on August 24, the same day he notified Wells Fargo legal dept. of the dismissal. Theresa said it did not matter because they did not have it and claims that because they did not get the dismissal until the 24th, they had the right to take the money. However, they got the dismissal from the branch manager that was working with us who contacted the courthouse and the attorney to get confirmation that it has been dismissed the previous month. Theresa refused to let me talk, and ranted and rambled until I screamed at the top of my lungs for her to shut up and asked her what was wrong with her to treat another person the way she was treating me. I have also repeatedly asked for a statement from the bank to give my creditors for returned auto drafts, etc., and cannot get one. I am literally in a black hole, and no one will help me. I am afraid they will charge off my checking account of 24 years, and put me in a fed chex system, and I have literally done nothing. Every customer service rep. tells me they cannot help me, but will not transfer to anyone that will. Prior to talking to Theresa, I spoke with Brianna, who transferred me to her manager, Sholita, and when I asked to speak to her manager, she told me she would send her an email outlining my problem and see if Theresa, her manager would be “willing to take my call.” I asked to speak to Joe Medina who sent a letter on August 20 stating the money had been removed from my account (received on 8/26) and was told no. In researching I have found that Joe Medina is not even a real person, so I have no one to clarify what is going on. Theresa stated that they are waiting on the check to come to their office, but they have “no obligation” to do anything for me because there was an order…yet there was not, it was dismissed on July 20. According to the court clerk, our problem is with Wells Fargo because they just let the dismissal sit on someone’s desk and chose not to process it; “they are the worse and it happens all the time.” How do I keep them from charging off my account and putting me in a check system for bad checks? I literally do not know what to do. I swear I am becoming physically, mentally and emotionally sick from this. Lastly, this account has always been my account, not a joint account, and the credit card was only in my husbands name, not mind. Wells Fargo said because it was a joint account, they had the right to take the funds. I asked when it became joint, and they then said, “oh, if you are wanting to remove your husbands name, then we can’t re deposit the check when we get it. I did not even know what to say. I literally do not know what to do.

  38. I live in Washington State, my employer notified me that I have a garnishment that had come through for about 17 to 20k. He stated that I had a judgment in 2009 in California. Now 6 years later?? WTF! No way No way at all! I knew he had to be pulling my leg. But nope. No such luck. But wait now. If I had a judgment against me it would or should be on my credit reports. At least one of them. Right? And it just so happened that I have been working on rebuilding my credit from a horrible divorce. My score was below 500 3 years ago. It has taken me this long to get it to 648 to 668. I know everything inside and out on my credit. I have 7 student loans 2 good 4 paid in full and 1 having gone into collections prior, then 3 utilities from my ex-wife putting things in my name 2 years after our divorce. Then 3 homes paid in full and never late, 2 autos 50k+ never late, and 1 loan against my old house in 2004 paid never late. So I am beside myself and still pulling out my hair. They are telling me I will lose over a grand each month from my paycheck. I am remarried, we have a 2 year old daughter, I am a Service Connected Disabled Veteran and this will put me under and out on the street.
    Turns out the company that is garnishing is the Credit Union that held the loan in 2004. So I tried to .call this company that is in California. But come to find that the feds closed that location at the end of 2009. So then who is using their name on everything? Is that legal? Why is this legal at all. I was never served I have never had another loan with this bank. But right now I am getting screwed. Do not have money for an attorney. My employer well the HR is feeding this collection guy what ever he can, it seems. The paperwork served on him has no court stamp, no court seal, clerk signature nothing. I was never served. Nothing ever has been reported to any credit company.
    Through my readings and research I have come across a document called “The Garnishment Process: Step by Step”. It is out there to help these people do this to you with out your knowledge until the very end when you employer tells you and appears to be to late to do anything. This going on to tell then when serving the debtor (that’s me) ad a apartment # and they will still get the service return to show the courts they serviced me when they didn’t. It has 2 more tactics like this one.
    I think the only chance I have is to file a motion in Washington called a “motion & declaration to quash the writ of garnishment” here in Washington. Then motion to vacate judgment in California. Am I going about this the right way can anyone tell me? I have a week or so left. Please someone help me do this the right way. I have read to do a “claim of exemption” but that will not hold the entire garnishment only part of it. AND I do not owe any of it. even half of it will put me out on the street. I need to vacated or stayed or something but that is for landlord tenant cases. I need help. Someone please.

    Thank you Dan

    Please forgive me for the length of this comment.

  39. I have received voice mail messages from SRA Associates alleging I owe a payday loan taken out on February 14, 2012 which I did not do; I advised the collector that in the state of Maryland the statute of limitations for collections is three (3) years (February 14, 2015) and the agency who employes him is not licensed in the state of Maryland for collections. He advised me that the company SRA Associates will pursue legal matters; when I asked for the original creditor’s information, he claimed he could not share that information and asked me how would I like to handle the debit. I explained to him if he cannot provide me with any documentation for this alleged debit the call would be terminated. The collector went on to say he had called my home I asked did you leave a message his reply was no; I asked why he said he didn’t know why he didn’t leave a message. I have saved 3 voice mail messages for this company alleging that legal matters will be pursued against me. After doing some research on my own, I’ve discovered that SRA Associates has pending lawsuits filed against them for illegal collection practices with the FTC. At this point, I am in search of legal council who can advise me if I should file a lawsuit against SRA Associates.

  40. I signed a personal guarantee along with 3 others on a real estate deal in Florida. The deal failed and all of us were sued by plaintiff. A judgment in the amount of $2.8M was recorded. One of the defendants paid $450,000.00 to the plaintiff and settled the case. Plaintiff dismissed lawsuit. This defendant took possession of the judgment. Can he go after me in the State of Florida? He paid less than his 25% fair share. Is he legally allowed to recover contribution from co-defendants? Thank you.

  41. I have a primary issue (one initiating a visit to this website) & a secondary issue (an issue arising after reading some other posts here). The first issue:(1) I have a federal loan & have managed to work out an Income Based Repayment Plan (IRB) that I can work with. I also have a couple of private student loans which were at least 4-10 yrs old. A couple of months ago I got a call from Transworld Systems in response to my asking for help in paying off this loan. I just found out today, by doing some on-line research, since these loans had reached the statute of limitations, that Transworld had no legal right to initiate further collections on this old loan. Being naive, I agreed to pay them a very small $5 monthly fee under the assumption that if/when my financial situation allowed,I could then begin to make larger monthly payments. As I think I have unfortunately learned, this was just a ploy for me to “restart the statute of limitations” clause clock so that at a later time they can impose a much higher monthly payment that I will not be able to afford on an $18,500/yr. salary. I feel like I have been taken advantage of b/c I was not informed that b/c the debt was so old I couldn’t legally be forced to pay the debt. Is it true that b/c I did and have been making this small $5 monthly payment that I will now be legally bound to pay off the $40,000 + loan? if so, I feel like such a fool. The second issue (2): About 3-4 yrs ago I got a payday loan for $800. For the last 2-3 yrs., I have been letting this payday company debit $60/ month from my debit card. A couple of months ago, as I periodically do, I called them to follow-up to see how much I have left to pay. The last time I called they said the debt has been sold to another company for failure to make several months of payments. Upon getting more information, I realized that I had gotten a new debit card a couple of months earlier. I was under the impression that this company had my bank acct. info. not just the specific debit card number. I only found this out, by the way, when I called them. I was never notified b4 this call that my payments were not being accepted. When I asked what would happen next they told me that I shouldn’t worry and that I will be getting a letter from the new company to whom they transferred my account informing me of what was to happen next. it has been several months and I still haven’t gotten any correspondence from this new company. I am a bit weary b/c of the fact that I only found this out after contacting the payday loan company who I originally had the loan with. Should I be concerned??? Sorry for the length of this post, but I am in dire need of help with these 2 issues. I thank you very much and look forward to your response,

  42. Hello FDCC:

    I live in New Mexico and a company called Trans World calls me every now and then and requests my social security number. When I refuse to provide it, they say “okay we will note a refusal in the records” and then end the call. Why are they doing this?

  43. I currently have a default judgement on my credit from an individual. The suit was originally filed on Jan 2013 and I was finally served around April 2013 and the hearing was the first week in May 2013. I received the summons about a week prior to the hearing, which was occurring on the same day that I had to take a college final. I attempted to contact the court clerk to request a reschedule of the hearing and was declined. The judgement is related to personal property damages that the individual states that I caused. The judgement has been on my credit for nearly 3 years now with no action taken on the side of the creditor. I attempted to contact the creditor to see about settling the debt and paying her directly, of which she refused and stated that I had to pay the court directly, with interest of course, bringing the total now to about 2500. I asked her if I did pay the court, if she would sign the Debt satisfaction and she stated that she would not sign anything for me. I am kind of stuck in a rock and hard place here, as I want to get this taken care of, but I am running out of options and ‘legal know-how’. Even prior to the judgement, I attempted to settle the ‘debt’ before it went to the court, of which the individual refused and began demanding more. During the time this was happening, I had just quit my part-time job and was in college with no other funds, aside from my parents assistance. The creditor did get a quote from a local shop, which I parents offered to pay the shop directly for the repairs to be made. The creditor refused this and stated that she wanted the money paid directly to her. We also offered her a cash settlement, which she also refused. It’s almost as though she just wants the judgement to sit there without anything else to happen, irregardless of if I pay it or not. I really could use some legal advise.

  44. I was contacted by my estranged ex husband on Dec. 3, 2015, who said an attorney, Daniel Collins, called his parent’s looking for me and that this attorney told his parents I am under investigation for bank fraud and he needed my information. This same attorney also called several members of my family that evening, as well as my place of business the next morning. When I finally spoke with Daniel Collins with Civil Claims Recovery, it was the morning of December 4, 2015-this attorney, and I informed him I did not understand what the debt was, he became more threatening in nature and telling me it was a felony in my state. I also informed him I was filing bankruptcy so maybe he needed to speak with my attorney, and he told me I could not use a bankruptcy attorney for this debt, and I needed a civil one. This entire phone conversation was recorded by myself, personally. After explaining and asking I wanted a copy of the bounced check I wrote, he refused and said I could have it once it was turned over to my County’s DA. After an almost hour conversation and numerous threats made, to include seizing my business, I made a payment on this so-called bounced check/loan. I was never sure what the debt was for. This Daniel Collins withdrew part of the agreed upon amount that same day, and was to provide me documentation on the payment arrangement we came to, via l. It wasn’t until after I spoke with my banking institution, that I realized the funds were taken from a company in the UK- I was highly suspicious and reported the withdrawal as fraudulent. I also spoke with my bk attorney who told me if in fact the debt was mine, yes I could have included it in my bankruptcy. My bank reversed the charges, and cancelled my credit card. I finally received the documentation from Civil Claims Recovery, later that day, and all of my information, “NAME” was spelled entirely wrong. I then sent Daniel Collins a reply email, with an attached letter of the validation of the debt request. I never heard from Civil Claims Recovery or Daniel Collins after that, until I received another call with threats that I was under investigation for bank fraud, on December 29, 2015 at 7:37am. This may not seem like a big deal, however, I am in the middle of a very nasty custody battle with my ex husband and his parents, who are very wealthy. I am filing bankruptcy from my divorce with him in 2008, because I owe my attorney more than $50k. My ex husband lost all his rights to our daughter this last summer, and his parents have been fighting since for Grandparent rights; Which I have been fighting by myself to avoid contact, as it is extremely dangerous for my daughter to be around these people. The problem was, this Civil Claims Recovery and their Representative, Daniel Collins called my ex husband and his parents first that day, Dec 3rd…which makes no sense at all, because he had all my information. Regardless, right after this call was made on Dec.3rd the damage was done, and my ex husband used the threats of filing a felony of me committing bank fraud, and told me he was filing for full custody of our daughter. I have now had to hire another attorney to deal with this, even with it being false, because Civil Claims Recovery made false statements about me. All of which I have text messages, voice recordings to prove and back up these claims. I do not remember taking out a loan, that come to find to was a payday loan, and I am self employed, and I do not remember writing a bad check to pay for this said loan, and still no validation of the debt has been made on Civil Claims Recovery’s part. What can I do?

  45. I have been paying a debt to a debt collector since 2011 and it’s a very small amount that I pay to them being a single mother and only working part time, every time I go pay I still see that the amount has not changed when I do call to make a settlement they only want to settle for 200 dollars less that is owed. How do I find out if this is fair andhow do I go about it.

  46. I have a private student loan on my credit report that is in collections. I graduated 15 years ago and have never received any notice of this debt and have no idea what it is for. Can I still ask for the debt to be validated even though it is passed 30 days?

  47. Almost nine months ago I started receiving calls from collectors saying that I owed over $1000 on two (2) payday loans from the years 2008 and I believe 2009. I have had a payday loan before, but my last one was in 2005 and I did a bankruptcy in 2005 and it was included. I never had a payday loan after 2005. Not only are these loans not mines, but, it is well past the statute of limitations of 3 years for Maryland. The calls are all times of day and night. And, apparently they keep selling the account off because the calls come from different numbers. I have saved just about every voice mail they have left and they are threatening to serve me at work and at home. The times when I did talk to them, I tried to reason with them asking them for something in writing showing this being my accounts, i.e. signatures, emails, etc.. They said they could not send me anything unless I started making payments. I have since joined LifeLock because I believe there is something definitely fraudulent happening here. They have told me that they need more information to help me, but the collectors are not offering any information only that if I do not start making payments, I will be served at home and/or work. Something is very fishy here. I even told them it could even be them that have done this to me, because there is definitely something fraudulent going on here. Why would I send them any money and these are not my accounts and they refuse to send me verification of being mines. They even called my sister in Florida and my sister in Virginia. They told them to relate to me that ‘I’ve officially been served’. One sister is suffering with blood pressure problems and this call caused her undue stress. I’ve stopped answering their calls months ago and the messages get more and more threatening. I believe the calls are more prevalent because I won’t respond. If the loans were mines I would work with them to make arrangements to get them paid. After nine months of this I am at wits end and need the calls to stop. PLEASE HELP!!!!!!!!!!!

  48. I had a line of credit at a credit union. I was about to reach my SoL then the credit union posts a payment. I have made NO payment. I disputed the report with Equifax with no luck getting it removed. What can I do?

  49. Hello,
    We purchased our house in Philadelphia, PA back in June 2006. This was right before the housing market bubble burst. We took out an 80/20 loan to buy the house. About 6 months after we purchased the house, we refinanced the 2nd mortgage (20% loan) and took out a little extra to pay credit card bills. The amount of the new refinanced loan was $75,000. About a year after that both me and my wife lost our jobs. We were unable to keep up with the mortgage payments. At this time mortgage modification companies started to become a thing. We worked with one and paid them upfront. We were advised to stop making the mortgage payments and they would deal with it. Well, that company turned out to be a sham. So now we were behind on both mortgage payments. We made the decision to pay on the first mortgage to catch it up. We were able to do that, but the 2nd mortgage was too far behind that we would never be able to catch it up. Needless to say, we just stopped paying it. We never heard or received anything from the 2nd mortgage company in regard to not paying the loan. Yesterday, about 8 years since we stopped paying the 2nd mortgage, we received a letter from an attorney stating that he is contacting us on behalf of his client to collect the $75,000 plus $76,000 in interest for this loan. His client is someone that we never heard of and is not the original owner of the 2nd mortgage. We checked our credit reports and the 2nd mortgage does not show anywhere on either of our reports. Does this lawyer have the right to collect on this loan that is over 8 years old, does not show on our credit reports, and does not have a lien on the house?

  50. I have a question about a promissory note.

    There’s a defined total to pay, but in the “pay this much” portion we wrote in To Be Determined. We also wrote To Be Determined in the start date of the payment.

    I’d also like to know what duress is considered. The person came to my house mid evening demanding I sign while screaming outside on the street. (An ex boyfriend).

    Is any of this legal?

  51. my car repossessed today with out further notice and only missed 2 payment . what should i do? please help

  52. I read somewhere that they cannot garnish from your back account for student loans? or it depends on the state. What about in the state of Washington? Was garnish without notification and the bank garnished the whole amount.

  53. This was a sentence in letter to me from a debt collector who managed to revive a 7 year old judgment.

    “It is to your advantage to avoid garnishment of personal earnings because placing of the extra burden on your employer possibly could cause you to lose your job.”

    This is from a credit card default, not tax related.

    The letter was also in a format that could be seen as a court endorsed or court document. The heading reads “NOTICE OF COURT PROCEEDING TO COLLECT DEBT”. The case number and court is listed under this heading.

    Are there any violations here?

  54. My son went to a state university for one semester when he was 17. He moved out of his dorm after the first semester. The financial aid office originally told him all of his costs had been covered by his grants and loans. After he left, the university housing department charged him for the second semester, saying the contract was for the whole school year. He didn’t pay it (he is paying his loans). This was 3 years ago, and we have moved to another state. He now has a collection agency calling daily. We have checked his credit report and the collection is not showing up anywhere. So my questions are, 1) If the university put someone else in his room after he left, can they even collect because they’d be getting double rent for the same space? 2) Since he was 17 when he signed the housing contract, can the collection agency sue him? And 3) if they did sue, would they sue in the state he was in at the time, or the state we are in now?

  55. I see that calls are considered harassment. My wife has been getting calls from a debt collector about my debt from 2009. Also, they repeatedly send me letters trying to collect on the debt. There is no way they can still be trying to charge me for this. I live in Oregon. What are my options?

  56. My husband had went through a cash advance place where you give them a check and they loan you a payday loan. He paid them all off and we did not go back. Now several months later, the business is saying my husband had a $500 loan that he did not pay back. We have asked several times for proof and have been told there is a video of him coming in (which once we asked for mysteriously disappeared) and for a bill or a photocopy of the signed contract but nothing has been provided. Now the business has given the debt to Atlas debt collection company. They called my home from an unlisted # and said that they were preparing warrants for my husband to be delivered at his work and home and to call an 866 # that was there “litigation office” and gave a reference #. I called that, gave the reference # and again they said they were preparing warrants and that if I didnt want him to get arrested, I needed to provide a valid cc # and set up autopayments. My husband got on the phone and requested proof of the debt and Atlas said they cannot do that because they do not provide evidence to those being pursued and cannot send outgoing mail. We said take it to court and show proof of debt and we will pay. They have now called people that my husband hasn’t spoken to in 20 years trying to “get ahold” of him but we are not dodging calls, we answer if someone calls. Today he got a local call from someone’s cellphone saying that they worked for the state and were investigating my husband’s “fraud” through the cash advance place and was trying to get information for the company to locate him. They know our address, bank account, telephone numbers, and apparently every single person we’ve spoken to or seen in our entire lives. This all seems really shady and very embarrassing. Can someone help us?

  57. As soon as they said “they said they were preparing warrants and that if I didnt want him to get arrested, I needed to provide a valid cc # and set up autopayments.” AND “hey cannot do that because they do not provide evidence to those being pursued and cannot send outgoing mail” ARE signs of a collection scam.
    The rest of that tripe they are spewing to friends, neighbors and continuing threats from alleged police, is called “extortion,” slander and defamation. 1. Contact the FBI internet fraud division. 2. set up a phone recording device, for when THEY CALL YOU. Record their illegal threats, THEN, you hand a copy of that recording over to the local police. It is legally recorded evidence, in that one member of the conversation knows they are being recorded. Don’t let the local cops try to blow you off with that ruse.

  58. I received a writ garnishment for a past debt on my savings account, the money Is there to pay the debt and has been for several months. The bank advised they could not pay out until they received a judgement from the courts, the judgment later came but the judge denied payout. So the account is still frozen. Should I at this point file a notice to vacate with the court to remove judgement since apparently unauthorized? Not sure what to file or steps to take so that the bank removes the hold. The bank doesn’t seem to know either, extremely frustrating!

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