Legal Question in Credit and Debt Law in California

Angry Collection Lawyer

I received a call from an attorney representing a collection agency. The collection agency apparently purchased my unpaid debt of about 6 grand from CitiBank. He informed me that he has a court judgement against me and will fax me a copy. He stated that my wages will be garnished $600.00 a month. Unless I can pay 5 grand this coming month and it'll be settled. He also told me that if the company I work for gets this garnishment and maybe others from other debts I owe I could be terminated from my job. So he's told me it would be in my best interest to pay now. And also that if I try to declare bankruptcy I would be challenged by all I owe and would probably lose.


Asked on 9/28/07, 3:33 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Angry Collection Lawyer

He needs to get a judgment prior to garnishment. Contact me directly.

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Answered on 9/28/07, 4:01 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Angry Collection Lawyer

I wonder if this person is even a lawyer. You would have been notified of a court case before a judgment. Some of this "attorney's" actions may have violated the Fair Debt Collection Practices Act. Please consult me or some other attorney in person.

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Answered on 9/28/07, 4:13 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Angry Collection Lawyer

Depending on when the debt was incurred, the statute of limitation might have run. You can also go to the local courthouse (or check online if possible) to see if there's a case against you. Sounds like a violation of the Unfair Debt Collection Practices Act, especially threatening your job, etc. Check with a local attorney to see if you might have grounds for a lawsuit against the collection agency.

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Answered on 9/28/07, 5:21 pm


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