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Barrister, Attorney
Category: Legal
Satisfied Customers: 37790
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I owe a debt that I have been making a $150 a month on for

Customer Question

I owe a debt that I have been making a $150 a month on for several years based on a verbal arrangement I made with a collections rep. Recently they have been calling and asking that I pay more but I couldn't. I logged into my joint checking account and they have garnished $7000 from the account. It's money my fiancee and I have been putting away saving for our wedding which is coming up in two weeks.
is there any way to get it back?
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If you don't have anything in writing regarding the payment arrangement, then you would have to prove a verbal agreement by providing proof of your payments to them and that they were a fixed amount each month in order to be able to sue them for breach of contract.
Assuming you can do so, then they have breached the oral contract by taking additional actions to garnish your account.
However, you would have to sue them wherever they are located to get personal jurisdiction to force them to come to court and defend against the action. This will likely take several months before it actually got to a courtroom, so it wouldn't be a quick fix.