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  #1  
Old 06-25-2009, 06:36 PM
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Join Date: Jun 2009
Posts: 1
Credit Card Collections

I tried working the debt out over a year ago with the original creditor, now I have levies against two of my accounts by an attorney for a collection agency, no one attempted to negotiate or contact me. Anyways, I answered the first one, have a court date and the attorney set another one on my student account. Called an attorney and he said he had not answers for me. But I want to know what can be done. I have no money to pay the debt, live below poverty level, barely paying rent and food. The little I do have in my account was to pay for food, the investment account is set for 2013 to pay a balloon on government loans. I have a court date set and the attorney set another levy on the student account. I am told to answer the levy again and go to a second court date. Why cannot I not care for everything in one date? And what am I suppose to do if I cannot pay? I have had no money to pay for over a year.

What are my rights? Do I not have any? I feel like I am being harassed.

Not sure what advice I am hoping for but could use some help.

Thank you.
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Old 06-26-2009, 09:36 AM
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Join Date: Apr 2005
Posts: 360
Collections

This article may be of some use to you: Collections Lawyers
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Old 07-02-2009, 04:24 PM
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Join Date: Jun 2009
Location: Colorado
Posts: 105
Go to court

Number One: Go to court or file an answer before the court date. In your answer, you need to say that the creditors violated the Fair Debt Collection Practices Act (FDCPA) by never notifying you had a debt and never validating the debt. The law requires that a creditor "validate" (or prove) that the debt they are trying to collect is actually your debt.
2. Find out what the statute of limitations is in your state for unsecured debt. Most places it's 5-7 years, if your debt is older than that, claim the statute of limitations has passed and the debt is uncollectible. Most creditors do not want to go to court to fight to get their debt paid. If they even think you are going to fight it, even if it's just you, many times they will try and work something out.

It sounds like you have two garnishments going on, or one garnishment attaching to two bank accounts. You may have to stop using those bank accounts and open new ones in a different bank until you can get this straightened out. Additionally, if they are garnishments, most states have rules for objecting to the garnishment, you need to file an objection based on the fact that you never had communication from the creditor and ask the judgment to be vacated. Objection time frames on garnishment writs are very short, 5 to 10 days to answer. It is always harder to fix something after the fact, but if you don't have a judgment yet there's still time to save the situation. I am not sure at what stage you are, answering a complaint at this point or dealing with a garnishment/levy or both?
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