Legal Question in Credit and Debt Law in Texas
Credit report pulled and wages garnished after debt has been written off for 4 y
In 2001, a joint credit account was charged off that belonged to my ex husband and I. Last week, a collections agency called me at my job about it, stating that they had pulled my credit report and saw where I was working, which allowed them to find my work number to call me. I were told that if I didn't pay the $800 immediately that my employer would be notified of the debt and garnishment would be established immediately. My question is this: Can an agency pull your report without notifying you, and can they garnish your wages on a debt that has been written off over 4 years ago?
The collection agent made it very well known that she knew everything on my report and told me that since I was gainfully employed, I needed to stop being a ''deadbeat'' and ''pay the measly $800'' since she saw that I was able to purchase a new car in November. I don't see where my curent purchases are ANYONE'S business and it scares me to know that my credit is being looked in on without my knowledge. My ex-husband states he refuses to talk to the agent even though he is the main name on the account. They will not go after him, even though they have his info as well. The agent stated I make more money so therefore I'm who they want. Please advise.
2 Answers from Attorneys
Re: Credit report pulled and wages garnished after debt has been written off for
It's questionable whether they can pull your credit report. It's impossible to garnishee wages in Texas for a credit card debt. And, since the debt is over four years old, any further legal action is barred by limitations.
Write to them, certified mail, tell them you dispute the debt, and all subsequent communications are to be in writing. They are prohibited from calling you at work, or communications with anyone else concerning the debt.
The debt doesn't go away, simply that they no longer have a legal remedy.
Re: Credit report pulled and wages garnished after debt has been written off for
When was the last activity on the debt? What company was this? Make sure that a full four years have passed. If so, then they are unable to prevail should they try to sue you (the claim is barred since they did not file within the 4 years -- the statute of limitations has passed).
Depending on their actions they may be treading on thin ice with violating the Fair Debt Collection Act.
A simple and blunt way to deal with them is to write a letter to them or have an attorney to write on your behalf. Tell the company that you dispute the debt and that they need to direct ALL communications to you in writing only. Cease and desist all telephone communications whatsoever.
Send the letter by certified mail so you have proof that they received it.
The references to the debt should be removed from your credit report after 7 years total. You stated that over 4 years have passed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
