I MADE A MISTAKE A FEW YEARS AGO HAD FINANCIAL PROBLEMS TOOK PAYDAY LOANS OUT ON LINE. DURING THIS PAST YEAR PAID SOME OFF WITH MONTHLY PAYMENTS BY A FEW UNDERSTANDING COLLECTION AGENCYS.RECENTLY PAID ONE OFF FOR 588.52. WHICH IS WHY I AM WRITING IT SEEMS STRANGE THAT A FEW WEEKS AGO REC'D A CALL FROM AN AGENCY IN CALIFORNIA SAY THAT I OWE 599.99 FOR A CASH ADVANCE ASK THE MAN WITH WHO JUST SAID CASH ADVANCE THEN HE WENT ON TO SAY THAT A JUDGEMENT WOULD BE FILED AGAINST ME A SHERIFF WOULD COME TO MY APARTMET ETC..THEN TOLD ME HE WAS GOING TO KEEP MY SOCIAL SECURITY CHECK TO PAY THE DEBT OFF, I GOT SO NERVOUS AND SAID IF YOU DO THAT I WON'T BE ABLE TO AFFORD MY BILLS, STILL SHAKING SAID HE WANTED 800.00 ON JULY 3RD, WHICH IS TODAY WANTS ME TO GO TO A WESTERN UNION AND SEND THE MONEY THAT WAY, IF NOT BY 10 AM WILL BE TO LATE OFFER TO MAKE MONTHLY PAYMENTS WON'T DO IT, I REALLY CAN'T AFFORD THE 800.00 I AM SCARED...IS THERE ANYTHING I CAN DO, IF A JUDGEMENT IS FILED AGAINST ME WILL THE SHERIFF ARREST ME, AND IF I GO TO COURT WILL TELL THEM I CAN ONLY MAKE MONTHLY PAYMENTS...PLEASE IS THERE ANYTHING I CAN DO CAN THEY REALLY TAKE MY SOCIAL SECURITY CHECK.THANK YOU
Country relating to Question: United States
State (if USA): Pennsylvania
TRY TO MAKE MONTHLY PAYMENTS
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
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)?
YES I AM SURE THAT IS WHAT HE SAID. NO OTHER OPPORTUNITY JUST TO SEND IT WESTERN UNIION, WHEN I GET TO THE WESTERN UNION PLACE CALL HIM DON'T GIVE HIM MY NAME JUST THE ID NUMBER AND HE WILL THEN TELL ME WHAT TO DO
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)?
MAYBE TWO WEEKS AGO CAME ON THIS SITE EARLIER BUT BEIJNG ON A GIXED INCOME DIDN'T EVEN HAVE THE $1.00 TO PUT DOWN AS A PAYMENT GOT PAID TODAY THAT IS WHY I AM BACK..
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
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:
I further request that you take the following actions:
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.
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?
NO AND THANK YOU MADE ME FEEL BETTER WHEN HE CALLS NOW I HAVE THINGS TO ASK HIM AND TELL HIM. MADE MY DAY
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!
Licensed Texas General Practice Attorney
I DID AS YOU SAID CALL THE MAN BACK AND TOLD HIM I WANTED A COPY OF THE FDCPA VERIFICATION OF DEBT INFORMATION HE GOT QUIET AND HUNG UP THE PHONE. THANK YOU SO MUCH WILL RECOMMEND THIS TO FRIENDS
Glad to hear that, and thank you. I hope everything else works out for you!
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