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Collections Law/Payments to collections
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Question
If you are attempting to make payments a month, even though it is not what the creditor would like, can they: 1) charge you interest on your balance, 2) Can they threaten to garnish wages?
Aren't they suppose to accept what you can pay? Isn't that like saying they don't want it?
Thank you
They have the right to threaten to garnish wages but they must be able to do so within 10 days of the written threat. Verbal threats can't be proven unless you have recorded the calls. They do not have to accept what you can pay. They can take you to court but they can't get a garnishment within 10 days so you could sue them in federal court for making threats they cannot legally do or have no intention of doing. I'd try to get evidence they said that if you can. If you can't do that then trying to take them to court over it would probably get you nowhere since it would be your word against theirs.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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