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nmwilliams2
Joined: 11 Sep 2007
nmwilliams2's page
Posts: 4
341 Magic Points
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Subject: Garnished wages for a unpaid cc?
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Tue Sep 11, 2007 4:47 pm
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| 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? |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Wed Sep 12, 2007 9:03 am
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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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Where there's a will, there's a way !! |
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Laura
Joined: 21 Jun 2007
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Posts: 1402
34547 Magic Points
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Thu Sep 13, 2007 5:12 am
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Hi Williams
Do inform on as to what happens. What steps you took.
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Regards,
Laura. |
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Morningstar
Joined: 17 Apr 2007
Morningstar's page
Posts: 601
11 Magic Points
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Thu Sep 13, 2007 7:47 am
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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 |
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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1334
1 Magic Points
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Subject: credit
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Thu Sep 13, 2007 5:28 pm
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| 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. |
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nmwilliams2
Joined: 11 Sep 2007
nmwilliams2's page
Posts: 4
341 Magic Points
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Thu Sep 13, 2007 9:33 pm
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| The name of the company that called is Mercantile. The last payment was 5 years ago. |
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Morningstar
Joined: 17 Apr 2007
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Posts: 601
11 Magic Points
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Thu Sep 13, 2007 11:34 pm
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| 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.
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I don't dream since I quit sleeping |
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sdchargers_63
Joined: 13 Aug 2007
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Posts: 1334
1 Magic Points
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Subject: debt
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Fri Sep 14, 2007 1:17 am
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| Ya mean......if it;s been THAT long, and the account was 'sold' to someone else, the SOL starts all over again?? |
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Morningstar
Joined: 17 Apr 2007
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Posts: 601
11 Magic Points
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Fri Sep 14, 2007 3:09 am
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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 |
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Laura
Joined: 21 Jun 2007
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Posts: 1402
34547 Magic Points
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Fri Sep 14, 2007 4:17 am
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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. |
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nmwilliams2
Joined: 11 Sep 2007
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Posts: 4
341 Magic Points
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Fri Sep 14, 2007 1:45 pm
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| I am in Illinois and was here when the last payment was made. |
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Morningstar
Joined: 17 Apr 2007
Morningstar's page
Posts: 601
11 Magic Points
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Fri Sep 14, 2007 2:04 pm
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| 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 |
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nmwilliams2
Joined: 11 Sep 2007
nmwilliams2's page
Posts: 4
341 Magic Points
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Fri Sep 14, 2007 2:45 pm
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| 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? |
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Morningstar
Joined: 17 Apr 2007
Morningstar's page
Posts: 601
11 Magic Points
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Fri Sep 14, 2007 8:45 pm
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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.
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I don't dream since I quit sleeping |
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Laura
Joined: 21 Jun 2007
Laura's page
Posts: 1402
34547 Magic Points
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Sat Sep 15, 2007 3:59 am
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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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