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Author Topic: Credit card company said they could garnish wages or put lein on house  (Read 1998 times)
debt0r
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« on: February 21, 2010, 12:48:52 PM »

Got a call recently from credit card co. they said wages could be garnished

I have this recorded by the way. I live in Florida and am head of household as my spouse does not work. Here's the conversation:

Them: In 11 days your account will be reviewed for possible legal action. Worst case scenario is that if a judgement is entered against you, once it goes to court, if it does get approved to go to court, your wages could be garnished or a lein could be taken out on your property.

Me: So basically, I could have my wages garnished or a lein put on my house whether I like it or not, no matter what?

Them: Yes, that is if no payment is made to make your account current. Yes, that is correct.

End of discussion, do you think I have a case? I have this recorded.
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Florida Debtor
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« Reply #1 on: February 21, 2010, 05:55:02 PM »

Got a call recently from credit card co. they said wages could be garnished

I have this recorded by the way. I live in Florida and am head of household as my spouse does not work. Here's the conversation:

Them: In 11 days your account will be reviewed for possible legal action. Worst case scenario is that if a judgement is entered against you, once it goes to court, if it does get approved to go to court, your wages could be garnished or a lein could be taken out on your property.

Me: So basically, I could have my wages garnished or a lein put on my house whether I like it or not, no matter what?

Them: Yes, that is if no payment is made to make your account current. Yes, that is correct.

End of discussion, do you think I have a case? I have this recorded.


Im not really sure on this one, keep that in mind......

Step one would be to send these people a DV letter with an "all phone calls are inconvenent" statment in it. Although the FDCPA does not apply to the origonal collector, Florida does have laws that are similer and follow the FDCPA rules that do aplly to the origonal collector.

http://www.bcsalliance.com/debt_florida.html  (bad guys website)

Unless you have allready DVed them and they have not responded with some sort of validation I dont think you have a case yet...


>Worst case scenario is that if a judgement is entered against you, once it goes to court, if it does get approved to go to court, your wages could be garnished or a lein could be taken out on your property.

This is pretty much true. You can claim "head of household" on the garnishment but they can still try. I think they can try to put a lein on your property but I guessing you can claim homested and be ok. 


Generally they try to clean your bank accounts long before they try to put a lien on your property, Interesting they did not tell you that.<hint>


>Me: So basically, I could have my wages garnished or a lein put on my house whether I like it or not, no matter what?
>Them: Yes, that is if no payment is made to make your account current. Yes, that is correct.

Yes this -could- happen, so their not lying.

a couple of questions

1. is it over or under $5000?
2. what was the date of your last payment.



Also keep in mind Florida is a two party state, you need their permission to record them on the phone.
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I am not a lawyer. It would not be wise to use anything I say as legal advise. Check for yourself.
Fighting the Good Fight in FL
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« Reply #2 on: February 23, 2010, 01:36:46 PM »

I believe in Florida they can only garnish or place a lien AFTER they get a judgment (correct me if I am wrong).

You have not been sued yet, have you?
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IAMfree
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« Reply #3 on: April 17, 2010, 08:15:24 PM »

Question here:

What does date of last payment have to do with a lawsuit...reason I ask is I am in one & last payment made last summer. I read somewhere that by law the bank has to write off debt within 6 months. Is this anything any of us can use?

Thank you.
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