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Did they say that you would be arrested? Did they only give you the opportunity to send via Western Union? (or do you have a physical address that you could send checks to)?

A debt on a cash advance, payday Loan, or other non-secured debt cannot garnish a social security check. And they can't do that right away. They would have to file a lawsuit against you, get a judgment in their favor, then seek to enforce that judgment. But social security is protected under Federal law, and is exempt from garnishment. In fact, ALL wages in Pennsylvania are exempt from garnishment. Furthermore, the Fair Debt Collection Practices Act (“FDCPA”) prohibits debt collectors from threatening to take any action that cannot legally be taken or that is not intended to be taken. Debt collectors who threaten to garnish Social Security usually violate this provision.

So in any instance, he CANNOT garnish your social security check.

And he's violated the law (the FDCPA) to compel this.

Now when did you receive this call (specifically)?

I see. Don't make the payment just yet. If you have a number or he calls you back, demand that he send you the FDCPA verification of debt information. If he's really a debt collector, he'll know what this means.

Basically he will have to verify that he represents someone that actually owns the debt, and that the debt is valid.

And he will have to cease all collection efforts until that has occured.

If you have a physical address, send the following letter:

Your Name
Your Address

Date

Collection Agency's Name
Collection Agency's Address

Dear Account Representative,

I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, to inform you that I dispute the alleged debt associated with account [number ________] with [creditor]. I do not believe that I owe the amount alleged by you.

Your letter of [Date of letter from debt collector] was the first time I have heard from you about this alleged debt. Thus I am requesting that you provide the following information:

• Please explain the nature of the alleged debt - that is, what the money I allegedly owe is for;
• Please provide an accounting explainign how you calculated what you allege that I owe;
• Please provide me with copies of any contracts or documents which form a basis for the alleged debt; and
• Please provide me with the name and address of the original creditor.

I further request that you take the following actions:

1. Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt; and
2. Please also forward a copy of this letter to the creditor who alleges that I owe the debt at issue, and inform them that I am disputing the debt.

Except as specifically outlined herein, I am requesting that you cease all contact with me about the alleged debt. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Any further contact should be made in writing, and should be submitted to my home address by mail.

Sincerely,

[Your Name]

Finally, DON'T pay with Western Union. Pay with a personal check or cashiers check. But if you don't have any other income or assets other than your social security, you're "judgment proof". You can let him know that YOU know that he doesn't have a prayer of getting your SS check because it's exempt under Federal law.

And you can threaten FDCPA lawsuit against him for even suggesting that.

My personal opinion is that this is a scammer that has to resort to using illegal tactics to try to get you to pay. I personally would not pay him, because he's got nothing on you and no recourse against you (since he can't get your SS check)

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

Did you have any other questions before you rate this answer?

My pleasure! Again, let him know that you know that your SS check is exempt, and if you don't have anything else, that they can't get anything from you. That might even make them leave you alone (as there's no use in spending time and money going after something you can't get)

Debt collectors rely on individuals who don't know their rights. Once you do know your rights, their tactics get a lot less scary.

If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!