[my3sons]

I have a credit card debt of 3800.00 with Providian. This debt is about 5 years old and has been sent to a Credit Recovery agency. I lost my job and was unemployed until recently. I have asked them if I can pay them $75.00 a month right now, since I have only recently returned to work and am working part time and will increase this monthly payment if I receive more income. I have stated that I want to resolve this debt. They have told me that this is "not acceptable" and have stated that they can settle this claim for 2800.00. I do not have the 2800.00 either. I would gladly pay this if I had the money. I have stated clearly that I cannot afford to do this. On several phoine calls they are threatening to sue me for the money and ultimately freeze my bank account(s). They have also contacted family and friends within only a couple of days of me calling them back and communicating with them. When I challenged them on this action, they stated that since I did not return their call they had no choice. (This conversation took place on my phone when they called me...)

They also are harrassing me to ask a friend or family member for the money (me to borrow) to pay this debt. I told them that I cannot do this as this is my debt and I do not want to involve my family or friends and they could only contact them IF I was not trying to work with them.

Since I am willing to work with them on a payment plan, can they still sue me and take me to court? Can they freeze or access my bank account or garnish any wages from my part time employment without taking me to court? Is this legal?

I thought that as long as I was willing to work out a payment plan, they could not harrass me? With my willingness to work with them, can they still freeze my bank account or garnish any wages as they have threatened me?

If they eventually decide to work with me, do I have to give them the electronic transfer of funds from my bank account or do they have to accept a mailed check or money order on a monthly basis?

[aaron]

They have also contacted family and friends ...They also are harrassing me to ask a friend or family member for the money (me to borrow) to pay this debt.

You should review this article on your rights under the Fair Debt Collection Practices Act.

Since I am willing to work with them on a payment plan, can they still sue me and take me to court?

Yes.

Can they freeze or access my bank account or garnish any wages from my part time employment without taking me to court?

Generally no. Depending upon your state law, they may be restricted in those remedies even after they get a judgment.

If they eventually decide to work with me, do I have to give them the electronic transfer of funds from my bank account or do they have to accept a mailed check or money order on a monthly basis?

You can work out any settlement you choose. If they make electronic transfer a condition of settlement, and you don't agree to that term, it is possible that settlement negotiations would fail.

[GreatGadsby]

They have also contacted family and friends within only a couple of days of me calling them back and communicating with them.

they are only allowed to contact other people for location information. if they have your correct telephone number and/or address, then it is illegal for them to be calling others about your debt. most especially if they inform the other people that they are calling about a debt of yours. big no-no.