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AfterI’m 67 years old and I receive social security and a small pension from EX husband. Due to 2 major surgeries I fell behind a CC. I own $1900. I received a letter in the mail, ( yesterday) to start making payments bio weekly of $50 or they contact a local attorney. I still have to pay a few co- payments to hospital. After all my bills are paid I have about $ 400 - $450 left the month. Can they garnish or sue me ?? My neighbor is a retired paralegal , she said they can’t garnish my Pension or SS. I need some advise here , please. Don’t wanna be homeless. They want me to respond by September 22.

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1) a garnishment generally cannot occur until you have been sued AND a judgment rendered against you.  There are a few exceptions, but those are mostly limited to tax and student loan obligations.

 

2) while certain income is exempt from garnishment, some people have it direct deposited into accounts that hold other funds.  The account can still be attached and then you have to get the Court to help unwind things...meanwhile, you are without the money for at least a few weeks.

 

3)  Figure out whether you are dealing with an OC or a third-party.  It makes a difference in the approach.

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5 hours ago, KC2021 said:

No. I'm renting . And my car is 10 years old. My state is Texas.

Being in Texas, you have substantially better protections than exist in most parts of the nation.  There is a Texas mother-thread around here that addresses the use of the Texas Finance Code and the Texas Business and Commerce Code in a manner that smashes most issues quicker than you would a cockroach scurrying across the floor. 

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So.....they want me to respond on the 22nd Sep. Should I call and tell them about my financial status ????? What do I do if they send it to a local Lawyer  like they said ???

 

Where can I find that " Texas mother tread " ?

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21 hours ago, KC2021 said:

So.....they want me to respond on the 22nd Sep. Should I call and tell them about my financial status ????? What do I do if they send it to a local Lawyer  like they said ???

 

Where can I find that " Texas mother tread " ?

Failure to communicate with a lender is what does MANY consumers in when all is said and done.  If they send to local counsel, so be it.  You then proceed accordingly, to include filing the Respondent's Original Answer in a manner which comports with the Texas Civil Practice and Remedies Code. 

 

The mother thread used to be pinned, but I don't know if it still is (I don't have the list expanded).  It was started by WalterG and incorporated much of the work I had done with the Texas Finance Code.  There have been no substantial changes in Texas law in this arena since that work was compiled...you should be able to find the thread with a search. 

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  • 2 weeks later...

I made arrangements to pay a monthly amount to pay this down as long as I can and live .  Is it safe to make the payment on their website ??  I need to put me four last SS in to sigh up . I'm planning on using my Debit Card . Safe ??? Can they take out more ?? I'm good with my other CC. What if I change my mind and wanna stop and File BK.  Thanks.  BTW......The Collection agency is Midland Credit Management. Are they Legit ??  Sorry , so many questions.

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5 hours ago, KC2021 said:

I made arrangements to pay a monthly amount to pay this down as long as I can and live .  Is it safe to make the payment on their website ??  I need to put me four last SS in to sigh up . I'm planning on using my Debit Card . Safe ??? Can they take out more ?? I'm good with my other CC. What if I change my mind and wanna stop and File BK.  Thanks.  BTW......The Collection agency is Midland Credit Management. Are they Legit ??  Sorry , so many questions.

PLEASE STOP!

 

paying them, especially using a card linked to your checking account, is probably a terrible idea. Did you read the posts above?

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Yes, I read everything. They will take me to court , they sue me. I have judgment against me, probably frozen account . How do I pay my rent etc....Maybe end up in jail. The judge probably throw the book at me. I agreed to nothing.  She started to pressure me and I hang up.

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On 9/25/2021 at 10:40 AM, KC2021 said:

Yes, I read everything. They will take me to court , they sue me. I have judgment against me, probably frozen account . How do I pay my rent etc....Maybe end up in jail. The judge probably throw the book at me. I agreed to nothing.  She started to pressure me and I hang up.

No, I don't believe you read everything.  If you HAD, you would ALSO have realized the laws Texas has in place which are more pro-consumer than just about any of the other 50 comprising the union. 

 

You wouldn't be going to jail over this unless you somehow decided to commit a crime. 

 

People go to court every day and don't always wind up with a judgment against them...they led you with a trail of crumbs to worst-case scenarios that cause people to get weak at the knees and you bit hook, line and sinker.

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12 hours ago, centex said:

No, I don't believe you read everything.  If you HAD, you would ALSO have realized the laws Texas has in place which are more pro-consumer than just about any of the other 50 comprising the union. 

 

You wouldn't be going to jail over this unless you somehow decided to commit a crime. 

 

People go to court every day and don't always wind up with a judgment against them...they led you with a trail of crumbs to worst-case scenarios that cause people to get weak at the knees and you bit hook, line and sinker.

 I gave them no info at all. She ask if I could pay  a little each month and I said I can arrange that .I was going to use a Money order not my bank info.  She did not like it and gave  the Midland.com site and told me sigh up. I hang up right away. I do nothing anymore and see what's unfolding. This is very new and scary to me especially at my age.  Thanks for helping.

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 I gave them no info at all. She ask if I could pay  a little each month and I said I can arrange that .I was going to use a Money order not my bank info.  She did not like it and gave  the Midland.com site and told me sigh up. I hang up right away. I do nothing anymore and see what's unfolding. This is very new and scary to me especially at my age.  Thanks for helping.

They did not tell you midland.com. If they did, there is a serious problem.

What they did tel you is midlandcredit.com. That is a legitimate site. If that's the site they gave you, then you can safely ignore [mention]Why Chat [/mention] 's ideas of you being scammed.

Now, whether or not you want to pay them is another thing and I have no opinion on that one way or another. I'd listen to [mention]centex [/mention]and follow his advice.


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5 hours ago, PotO said:


They did not tell you midland.com. If they did, there is a serious problem.

What they did tel you is midlandcredit.com. That is a legitimate site. If that's the site they gave you, then you can safely ignore [mention]Why Chat [/mention] 's ideas of you being scammed.

Now, whether or not you want to pay them is another thing and I have no opinion on that one way or another. I'd listen to [mention]centex [/mention]and follow his her advice.


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FTFY

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15 hours ago, PotO said:


Thank you, Hege!

And I apologize to [mention]centex [/mention]for the error. I will try to keep my CRS under control.

Whew...thought I might have to actually get on a commercial airliner and then go all PMS on you, or at least try to figure out if I have an inner Spirit Airlines passenger to channel ;)

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8 hours ago, Denise said:

If you receive Social Security, you are uncollectable. It's also called Judgement Proof.

You ignore the co-mingled funds element of the equation.  One can spend quite a bit of time in court trying to get funds back once a levy is placed if the account those funds are in has any non-exempt funds.  There is a reason those on benefits are often advised to have a separate account specifically for the monthly deposit. 

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Whew...thought I might have to actually get on a commercial airliner and then go all PMS on you, or at least try to figure out if I have an inner Spirit Airlines passenger to channel

I like the idea about commercial airliner.

Actually, things here have never been the same since I was dumped by [mention]Kat58 [/mention]. One day out of the blue she phones me and we have wonderful phone sex for over an hour and then the next day she ghosts me.


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You ignore the co-mingled funds element of the equation.  One can spend quite a bit of time in court trying to get funds back once a levy is placed if the account those funds are in has any non-exempt funds.  There is a reason those on benefits are often advised to have a separate account specifically for the monthly deposit. 


Another potential problem is that even though the account is exclusively for exempt funds, you can still end up getting into problems and losing some money.

I had a judgment against a turd who bragged about how his account was untouchable. Well, it seems like when the order was served on the bank they can take a day or so to actually determine to what extent the funds are exempt and during that time period the account is frozen. Any checks presented during this period will bounce. While your bank may reverse and bounced check fees they charge, the merchants to whom you wrote these checks will not.

After about a year of doing this to the guy, he finally decided it was cheaper to pay me than paying bounced check and late payment fees.

Sometimes you can get blood from a turnip.


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