Legal Question in Credit and Debt Law in Florida
A credit card company recently sold my account to a debt collector and now the debt collector is suing me. I have attempted to compromise with the company by beginning payments of $50. Well, the debt collector decided to try and cash my check amount for $128 and I then closed my bank account so that they could not get paid. They pretty much commited fraud on my bank account, and on top it all of, the stimulus packages given by the government paid off all of the original guantors bad debts (courtesy of my tax dollar).
Now, I have a trial date for non-payment. Can the debt collector place a lien on my accounts or my income tax refunds if I cannot afford to pay the debt? Only part of the debt is binding, all of which I was originally paying before they skyrocketed my interest rate up to 32 percent. What options doo I have?
Are there laws that protect me, the consumer, in this situation?
1 Answer from Attorneys
How did they get your check for $128? Did you write them a check for $128, then you closed your bank account? If so, they didn't commit fraud on the bank, you committed the crime of worthless check.
Yes, they can put a lien on your tax refunds and bank accounts if they are successful in their case against you.
It's unfortunate that they wouldn't accept your $50 offer, and it's very unfortunate that your rate shot up to 32% (that was probably in your contract with them). New laws will prevent that from happening in the future, but they don't apply to past debts. Based on what you've described, there are no consumer laws to protect you.
When you go to court, you may be able to work out a reasonable deal with them.
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