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Garnished wages for a unpaid cc?

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nmwilliams2



Joined: 11 Sep 2007
nmwilliams2's page
Posts: 4



341 Magic Points
Subject: Garnished wages for a unpaid cc?
 
 Posted on Tue Sep 11, 2007 4:47 pm  
My sister received a phone call on her cell phone from a credit company looking for me. How did they get her number? I returned the call and they stated they were calling regarding a credit card I had at least 10 years ago. I never paid the credit card off but it is also not on my credit report. I began to pay it off about 5 years ago but MBNA stated they no longer owned the account but I got the run around when I tried to find the company that currently owned it. I stopped paying it then. I stated to the representative that I was willing to pay the balance on the account but needed to make payments monthly. He stated that I needed to pay the full amount by the end of the month and no monthly arrangement could be made. He then went on to state that they were filing a claim in court, I would have a judgement on my credit report and they would garnish my wages unless I paid in full. Can they really do this? If they garnish my wages monthly why not allow me to make monthly payments on my own? Is there anything I can do about this situation?
 
Mary

Mary

Joined: 06 Jul 2006
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8655 Magic Points
 
 Posted on Wed Sep 12, 2007 9:03 am  
You can go through this thread

http://www.creditmagic.org/fiacsna/fiacsna-services-2.html

MBNA was bought by Bank of America in 2006. In the same year it changed the name to FIA Card services , National Association.

Which company is calling you now? FIA or some other collection agency? You need to talk it out with them. Explain your situation I hope things will work out. Keep us posted.
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Laura

Laura

Joined: 21 Jun 2007
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Posts: 1407



34540 Magic Points
 
 Posted on Thu Sep 13, 2007 5:12 am  
Hi Williams

Do inform on as to what happens. What steps you took.
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Regards,
Laura.
 
Morningstar

Morningstar

Joined: 17 Apr 2007
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40 Magic Points
 
 Posted on Thu Sep 13, 2007 7:47 am  
Demand validation from the collector.
When was your last payment--5 years ago, or 10?
I would also check with your courthouse to see if a case has been filed.
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I don't dream since I quit sleeping
 
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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Posts: 891



2654 Magic Points
Subject: credit
 
 Posted on Thu Sep 13, 2007 5:28 pm  
If someone has a debt, and it's AT LEAST 8-10 years ago, since it was 'not paid', and you NEVER heard anything about it ALL this time, can a CA come back NOW and demand a payment?? Just curious.
 
nmwilliams2



Joined: 11 Sep 2007
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Posts: 4



341 Magic Points
 
 Posted on Thu Sep 13, 2007 9:33 pm  
The name of the company that called is Mercantile. The last payment was 5 years ago.
 
Morningstar

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40 Magic Points
 
 Posted on Thu Sep 13, 2007 11:34 pm  
Quote:
If someone has a debt, and it's AT LEAST 8-10 years ago, since it was 'not paid', and you NEVER heard anything about it ALL this time, can a CA come back NOW and demand a payment?? Just curious.


Absolutely. Time itself does not erase a debt. The SOL can run out, and you can send a cease and desist letter. If they sell it to another company who then contacts you, repeat the CND.

nmwilliams, what state are you in and what state were you in when you made the last payment? In five years, the SOL would have run in many states, but not ALL of them.
_________________
I don't dream since I quit sleeping
 
sdchargers_63

sdchargers_63

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2654 Magic Points
Subject: debt
 
 Posted on Fri Sep 14, 2007 1:17 am  
Ya mean......if it;s been THAT long, and the account was 'sold' to someone else, the SOL starts all over again??
 
Morningstar

Morningstar

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40 Magic Points
 
 Posted on Fri Sep 14, 2007 3:09 am  
No. SOL does not restart upon sale of a debt.

A debt is owed until it is repaid, forgiven, or discharged in bankruptcy...the SOL does not change that. If SOL expires, it is a defense you can raise if you are sued for repayment.
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I don't dream since I quit sleeping
 
Laura

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Joined: 21 Jun 2007
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34540 Magic Points
 
 Posted on Fri Sep 14, 2007 4:17 am  
Today i moderately I got an idea about the SOL. Thanks a lot Morningstar. I was trying to get a grip on it but somehow there were confusions always. Thanks again.
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Regards,
Laura.
 
nmwilliams2



Joined: 11 Sep 2007
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Posts: 4



341 Magic Points
 
 Posted on Fri Sep 14, 2007 1:45 pm  
I am in Illinois and was here when the last payment was made.
 
Morningstar

Morningstar

Joined: 17 Apr 2007
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40 Magic Points
 
 Posted on Fri Sep 14, 2007 2:04 pm  
Quote:
STATE: ILLINOIS

Interest Rate

Legal: 5%
Judgment: 9%
STATUTE OF LIMITATIONS (IN YEARS)

Open Account: 5
Written Contract: 10
Sales (UCC): 4
Domestic Judgment: 20
Foreign Judgment: Same as foregin jurisdiction
BAD CHECK LAWS (CIVIL PENALTY)
Triple check amount up to $500, attorney fees & court costs.

GENERAL GARNISHMENT EXEMPTIONS
15% of gross wages or disposable earings for workweek up to 45 x fed. min. hourly wage, whichever is greater.

_________________
I don't dream since I quit sleeping

Last edited by Morningstar on Fri Feb 29, 2008 11:59 am
 
nmwilliams2



Joined: 11 Sep 2007
nmwilliams2's page
Posts: 4



341 Magic Points
 
 Posted on Fri Sep 14, 2007 2:45 pm  
Thank you so much for your help. I will contact an attorney and also check out that website. I called the number that showed up on my caller id and it was a totally different company when the woman answered the phone. Could it be a answering service?
 
Morningstar

Morningstar

Joined: 17 Apr 2007
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Posts: 609



40 Magic Points
 
 Posted on Fri Sep 14, 2007 8:45 pm  
Like I said in my first post, demand validation from the collector (but put it writing and mail it return receipt). Visit the debt forums at the top for more info...you'll find sample validation letters, and possibly mercantile's mailing addy. Good luck to you.
_________________
I don't dream since I quit sleeping
 
Laura

Laura

Joined: 21 Jun 2007
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Posts: 1407



34540 Magic Points
 
 Posted on Sat Sep 15, 2007 3:59 am  
I think these are the numbers to Mercantile

Mercantile
Ph: (716) 929-8200
Toll Free: (800) 480-7094

These addresses might be of help

Mercantile Adjustment Bureau
Buffalo Office and Headquarters
6390 Main Street
Williamsville, NY 14221
Phone: 716-929-8200
Toll Free: 800-480-7094

Rochester Office
803 West Avenue, Suite 197
Rochester, NY 14611
Phone: 585-328-2200
Toll Free: 800-836-0592

Human Resources
Williamsville, NY 14221
Phone: 716-929-8352


Sales and Marketing
Williamsville, NY 14221
Phone: 716-929-8219
_________________
Regards,
Laura.
 
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