I really need some advice....
We got served paperwork in Sept. 2009 but in Ocotber we filed a Chapter 7.
We dismissed the bankruptcy due to the fact we decided to take care of our debt on our own.
So I started doing credit repair on our credit reports in February. In March, I sent a certified letter of verification to a collection agency. They wrote back saying that we needed to send them our full legal names, physical address, place of employment, and etc. So I sent another certified letter of verification. They wrote back stating that they would not supply information and that we validated the debts when we filed bankruptcy.
So April they started garnishing my husbands paycheck for debts from me and my husband.
They also verified all debts with the credit bureau's without verifying the debts with me first.
I contacted the court and they said I can only file a motion with the court and I have to supply evidence and laws that they are in violation.
How do I go about this so I dont look like an idiot???
Thank-you so much for all advice and input! I love this forum!
Heather
garnishment
Hi Heather,
Can you tell whether or not you has validated this debt with this same collection agency before? If not, then they are not supposed to continue with the collection process until they validate your debt. You can sue them under as they are under violation of Fair Debt Collection Practices Act (FDCPA).
Thus, if you have the proof that you had sent the debt validation letter, you can dispute this item, and stop this wage garnishment.
Thanks,
Aaron
Thank-you so much Aaron! I am planning on sending a letter them today that I found on this site for intent to sue. Then filing a motion with the court if they dont respond.
I have never validated these debts with this agency ever. They told me I validated when we filed a Bankruptcy but I don't see how that is even possible. Think they are just scaring us.
The court is telling me that I can't file a motion to vacate judgement because this was filed with the court in 2008 and its been too long.
Is this true? And on top of it alot of these are really close to the 5 year SOL in Montana. But they wont give me proof yet to prove it. And when does the SOL by state start? Is it from date of service or from date of 1st deliquency?
I do have proof of both certifed letters that I sent them.
Do I need a lawyer to go to Justice Court or how should I do this without sounding like an idot?
Thank-you so much for helping me in this matter! I truely appreciate it!
garnishment
Hi,
Yes this is true. You can file a motion to vacate the judgment within 30 days of the judgment issued. Else if you were unaware of the judgment you have 180 days to file the motion counted from the date when you had come to know about the judgment.
Statute of limitations starts from the day of first delinquency. Yes, you can take the help of an attorney.
Regards,
Aaron