wow dect collection agency's are ruthless.

[waggy]

I do volenteer work helping people get SSDI (the paperwork is rather consfusing and you CAN'T get a lawyer at the start). One of the guys i helped and i got to be friends (same age kinda..im a little older).

Anyway he is fully disabled (1 leg and arm gone with major back issues). there is NO fucking way he can work. it was rather easy for him to get SSDI one of the few cases that i have seen. but anyway that is not the point.

he went to collage in the late 90's. this was before he lost his leg/arm.

he called me not to long ago in a panic.

With SSDI and full disability that is about the only way you can get out of student loans. They were discharged (or he thought) in late 98.

he just called and said a Collection Agency is garnishing his pay! he makes $860 or so and said he will get like $750 after it.

he has been in contact with the agency and sent paperwork 5 months ago saying he was totally disabled. that agency sold it to this one who went straight to garnishment.

so my question is what can he do? he can't afford an attorney (guy can't afford TV or a computer, internet etc) and while to most $70 (yeah i know my math don't add up. i'm not 100 sure how much he makes. know i'm close though) ain't shit. To him it is!

I wan't to help (no not financially) so looking for advice.

 

[Sluggo]

I don't think they can garnishee SSDI, he is basically judgement proof.

http://en.wikipedia.org/wiki/Judgment_proof

 

[Number1]

Find the collection agency's location and go postal?

 

[waggy]

I don't think they can garnishee SSDI, he is basically judgement proof.

http://en.wikipedia.org/wiki/Judgment_proof

yeah they can. Student loans and tax issues are pretty much the only things that can garnish SSDI.

BUT you can also get them discharged with easy paperwork. wich he did. and thought they were discharged.

fucked up issue actually.

Find the collection agency's location and go postal?

don't hmm anyone got a spare full auto we can connect to his walker or chiar? i don't care to spend time in jail. not that dedicated to helping them heh.

I do admit this is outside my realm of usual help. I know how to do the paperwork and what will happen. Also know all the bs hoops you need to jump through. But i am no lawyer but i feel bad for the guy. he makes barely enough to survive each month. As it is he does not have enough for to have "fun". no internet, cable etc.

 

[madoka]

Find a pro bono lawyer or organization willing to write a demand letter to the agency.

 

[waggy]

Find a pro bono lawyer or organization willing to write a demand letter to the agency.

yeah going to start doing that monday after my kids go to school.

just hopeing maybe i am missing something easy.

Also planning to call the IRS and Credit agency monday. though i suspect they won't talk to me.

suspect that is all i will be able to do for him. so frustrating. you see people who can work getting welfare (more then ssdi people get), section 8, food stamps, etc. But people who can't work get fucked around.

 

[Sluggo]

yeah they can. Student loans and tax issues are pretty much the only things that can garnish SSDI.

Sorry, I slightly glossed over the student loan part.

Have they actually sued him and have a judgement?

 

[madoka]

yeah going to start doing that monday after my kids go to school.

just hopeing maybe i am missing something easy.

I think the demand letter is the easy way. It should take 1-2 hours to discuss and write up.

 

[waggy]

Sorry, I slightly glossed over the student loan part.

Have they actually sued him and have a judgement?

now that is the part i don't understand. he has not been sued and says he has never got a notice (at least he claims. that i don't know and who knows).

I do know both of us have called the agency in the last 2 months. They sent a letter saying he owed $13000 (he only borrowed 2k). He called and told them they were discharged and that he was fully disabled. He had to fax a bunch papers (wich is how i got back in involved to begin with. he does not have equipment, a computer or internet) back they emailed him with doctors signature and mail them. WHICH I DID.

I think the demand letter is the easy way. It should take 1-2 hours to discuss and write up.

yeah that's what i figured. issue would be the 2-3 months for htem to stop garnishing his pay. the letter he got today has them starting (no sooner) then 4/2013 (hahahahah 4/20..oops sorry..to much coffe this morning..)

hopefully we can get it done before they do. from helping him setup a budget that $70 is his medicine bill.

 

[JamesV]

Call your local news and tell them about his story. If it gets on TV, it is almost guaranteed to make his problems with that debt and the collection agency disappear.

 

[Ns1]

If they are at the stage where they are garnishing wages, doesn't that mean he was sued + default judgement against him?

 

[waggy]

If they are at the stage where they are garnishing wages, doesn't that mean he was sued + default judgement against him?

yeah i would think so.

he says he never got a notice to appear in court (i can't confirm or deny that. the guy is kinda out of it) or a notice of judgement. But i have talked to them and they never said anything about it.

 

[nanette1985]

Here in NJ Legal Aid actually deals with that. I volunteer with them - doing basically the same thing you do. If Legal Aid doesn't come thru, the next step is contacting the state senator or representative.

Best of luck.

 

[waggy]

Here in NJ Legal Aid actually deals with that. I volunteer with them - doing basically the same thing you do. If Legal Aid doesn't come thru, the next step is contacting the state senator or representative.

Best of luck.

legal aid here in IL is shit now. DORS (department of Rehabilitation services) USED to help people get SSDI. they had some major cuts over the years and left a lot of people with no help.

 

[EagleKeeper]

If they are at the stage where they are garnishing wages, doesn't that mean he was sued + default judgement against him?

yeah i would think so.

he says he never got a notice to appear in court (i can't confirm or deny that. the guy is kinda out of it) or a notice of judgement. But i have talked to them and they never said anything about it.

Unless he was served, no judge is going to sign off on a judgement.

Not showing after being served, will ensure you get a default judgement on a golden platter.

The existing collection agency does not need to be the one with the judgement.

 

[waggy]

Unless he was served, no judge is going to sign off on a judgement.

Not showing after being served, will ensure you get a default judgement on a golden platter.

The existing collection agency does not need to be the one with the judgement.

wait. so the existing collection agency can sell it and continue with judgement? am i reading that right? how is that legal or possible? this would explain why the new agency didn't mention it. hmm i will give him a call and find out if they are the same company

i admit i have little experience or knowledge with collection agency's. but from the few threads i have read here (and this) it sure sounds like something that targets the poor that maybe the government should look into.

then again people should pay there bills and not worry about it. it makes life so much easier.

 

[K1052]

Get proof of the judgement against him (which they are required to provide). Sounds fishy.

 

[EagleKeeper]

wait. so the existing collection agency can sell it and continue with judgement? am i reading that right? how is that legal or possible? this would explain why the new agency didn't mention it. hmm i will give him a call and find out if they are the same company

i admit i have little experience or knowledge with collection agency's. but from the few threads i have read here (and this) it sure sounds like something that targets the poor that maybe the government should look into.

then again people should pay there bills and not worry about it. it makes life so much easier.

Judgements can/will get sold for pennies on the dollar. Shysters purchase them in bulk and hope that they can get a couple of payoffs. Then they resell those that are no good.

The backing paperwork files usually stay with the original owners.

Challenging a claim, requires the current note owner to make the effort to locate the original note owner and get them to send paperwork. The original will want some compensation for their time to comply. The existing/current owner will decide if they want to pay and tack on that fee, try to bluff/negotiate the debtor or place the note in the resale pile.

The resale pile moves around until expiration date of collectability. After that, it is not resellable, but shysters being shysters.....

 

[Whisper]

Second the advice to look for a pro bono lawyer (maybe look into nearby law schools, as they'll often have clinics...and if the clinic can't handle the case, they might be able to refer you to someone who can).

And yes, I've also worked with patients who were unemployable and were regularly getting somewhat shafted by debt to the point that their lives were under constant strain. Our social workers were often able to help them prioritize payments, and also to get in touch with debtors to see about setting up plans and/or reducing debts, but still, it sucks to continually be under the burden of having more money going out than coming in every month.

 

[waggy]

thanks for the advice guys.

I did finally get a hold of him. seems the place we been dealing with is NOT the one dealing the garnishment.

I didn't know that was possible.

Monday i will start calling around and call the place that is doing the garnishment.

 

[marmasatt]

Yes, you want to appeal the garnishment and probably send them some type of validation letter where they are required to provide proof that they actually own the debt they are trying to collect. https://www.google.com/webhp?hl=en&tab=mw#hl=en&tbo=d&sclient=psy-ab&q=validation+letter+to+creditor&oq=validation+letter&gs_l=hp.1.1.0l4.0.0.1.1842.0.0.0.0.0.0.0.0..0.0.les%3B..0.0...1c..2.hp.7TDQXrqtc_k&pbx=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&bvm=bv.41867550,d.dmQ&fp=849608469ca976cd&biw=1920&bih=904

"This is not to say I don't owe this debt. But I don't know what it is, or who you are, blah blah blah... and I won't pay until you provide evidence I should be paying you..."At the very least, it will buy you some time.

If it was discharged (really) then that would be your claim. SSDI can be garnished. Straight SSI is more needs based and cannot. It is also garnished by child support. So tax issues and student loans are not the only things that can be garnished from SSDI. Also, there are limits as to what they can garnish (Consumer Credit Protection Act) but it doesn't appear he is even close if they are taking only $110 of $860. The law goes up to 65% of take home. So he is not doing too badly if he really owes this debt.

 

[SandEagle]

you're a good man waggy.

:beer:

 

[waggy]

holly shit!

i started yesterday calling around. i got a major run around. Call this number h we can't help. you need to call this one. etc etc.

Finally i got someone who would help.

have to download a bunch of papers fill them out, get his doctor to fill some out. send them in etc.

at least i managed to get the garnishment put off 2 months for us to get the paperwork in. ugh


Even the paperwork is insane. one is a for proof of disbility. a 6 page's where the doctor checks a box and fills out his info. no big deal.

Then he has to prove his income LOL. that will be easy he has nothing. well a PS2 and old tube tv heh.

such a pain in the ass

 

[s0me0nesmind1]

holly shit!

i started yesterday calling around. i got a major run around. Call this number h we can't help. you need to call this one. etc etc.

Finally i got someone who would help.

have to download a bunch of papers fill them out, get his doctor to fill some out. send them in etc.

at least i managed to get the garnishment put off 2 months for us to get the paperwork in. ugh


Even the paperwork is insane. one is a for proof of disbility. a 6 page's where the doctor checks a box and fills out his info. no big deal.

Then he has to prove his income LOL. that will be easy he has nothing. well a PS2 and old tube tv heh.

such a pain in the ass

Now THAT is truthful. I had a small pay of ~$100 for some leftover bill from Comcast that my fiancee disagreed with. At the time, I didn't know her so I don't know the details.

Either way, I called Comcast because I wanted to sign up for service - they wouldn't do it because it was her residence and claiming she still owes money, blah blah - mind you this is ~3 years later when I moved in. By now they were no longer collecting - obviously it went to a collections agency and should no longer be any of comcast's business since they sold the debt. I asked them to transfer me to who owns the debt. I got spun around in a million circles on whom I can actually get DETAILS from. I got transferred around a million times. I started offering a deal of 50/50 so they shut up and erase the debt. Like I said, this was already YEARS old with no details - they wouldn't take a split and I laughed :biggrin:

 

[waggy]

Now THAT is truthful. I had a small pay of ~$100 for some leftover bill from Comcast that my fiancee disagreed with. At the time, I didn't know her so I don't know the details.

Either way, I called Comcast because I wanted to sign up for service - they wouldn't do it because it was her residence and claiming she still owes money, blah blah - mind you this is ~3 years later when I moved in. By now they were no longer collecting - obviously it went to a collections agency and should no longer be any of comcast's business since they sold the debt. I asked them to transfer me to who owns the debt. I got spun around in a million circles on whom I can actually get DETAILS from. I got transferred around a million times. I started offering a deal of 50/50 so they shut up and erase the debt. Like I said, this was already YEARS old with no details - they wouldn't take a split and I laughed :biggrin:

I can't believe people deal with debt collectors for a living! i think it would drive me nuts.

another reason to continue to pay my bills. no way would i want to deal with debt collections.

and in the future i think i will limit my envolment with helping..i been on the phone all morning and majorly stressed. lol