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Collections Law/16 yr old debt

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Expert: - 3/31/2011


Question
I live in Ohio and I have a freeze placed on my husband's and I bank account, without notification of a judgement against him, for a repossessed vehicle from 16 yrs ago. Neither my husband or I have seen ANY documentation from the debt collector. The only way I found out is by checking our bank account online and seen a negative balance of $45,000. upon calling the debt collector, they wanted me to pay them, which i did not agree to do. Between me and my husband, only I put money into the account via direct deposit. I am in the military (reserves) and also work as a civilian for the military. So I have 2 federal pay checks they are taking. The bank let this company place the freeze and are just now sending us paper copies of the judgement. The bank never verified anything. I have yet to see the paperwork. I know I obviously need a lawyer, but because of the freeze, my family and have no money. Can they legally do that in the state of Ohio? I thought no matter what, they could only take a percentage of what you make, and some forms of income are exempt from this. HELP! I have no idea where to begin. I have filed complaints with the FTC, Att Gen office against the debt collector. Is there any actions I can take against the bank? I have been charged NSF fees and overdraft charges because of this. Again, we have not received any prior notification from the debt collector or any paperwork from anyone trying to collect the debt. Thank you for reading this and thank you for any info you could give me.

Answer
http://www.ehow.com/about_6628073_ohio-law-wage-garnishment.html is a web site you will find helpful with information on your situation.

You are correct in assuming that you will need an attorney.  On the bright side, as you can see from the information on the web site I provided. They can only garnish a maximum of 25%.  Also there are several notifications that they should have provided to you.  I don't think you can say the bank has done anything wrong.  I really wish you the best with this situation.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

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