[askingquestions]

Can a credit card company or medical collection garnish a bank account in MY name if the debt is in HIS(my husband) name? We both lost our jobs about 9 months ago. My husband has found work and had been working for 5 months but we have two children and are still playing catch up.(we basically had no job for 4 months first ever in our lives we didn't work) We are also in jeapordy of losing our home. i was able to pay the payments for a while with our savings... but that went fast! When we first started getting into trouble I called the 2 credit cards(both capitol one) And explained the situation and said I could make the minimum payment, but it would be a few days after the grace period(but not 30 days late)so I thought everything was fine and made the payments when I said i would. Well, they charged us 2 $39.00 late fee charges. Because we were maxed out, these charges then put us over our limit and then they charged 2 more $39.00 charges for the over the limit fees!!! By this time the minimum payment was too high for me to pay. I repeatedly called them to ask if they would remove the fees so I could pay my minimum payment and they wouldn't. I know this may not sound like a lot to some people, but when you have no income coming in over 120.00 on each card was something i did not have at the time. So i couldn't make the minimum payment. Now we can make our regular payment(which was only 30.00) but with fees they are now saying our minimum payment is 380.00!!!! Keep in mind, these credit cards only have a $500.00 limit and they are saying we now owe $880.00. Now they have sent us to collections( it has been 4 months) and this guy told me they would sue us or garnish our bank accounts!! Can they do that?
It is NCO collections. I said I would make payments, but they are not willing to accept what i can pay. PLEASE ANY ADVISE? I Am going crazy from the 5-10 phone calls a day! And WORRIED! Thanks

[usedbranflakes]

First of all they can not garnish your wages or bank account or attach a lein on your anything without first having a judgement. They can't threaten to sue you without the intent to sue you. They can tell you what they can do, but they can't say they are going to do it unless they intend to do it.

Check the wiretap laws in your state.

If you want to stop a collection agent dead in his/her tracks say:
I reserve the right to record this conversation. Further conversaion with me acknowledges your consent. Write down when they call; record the conversation if it is legal in your state/jurisdiction.

Send a letter disputing the debt; send it certified mail. Generally NCO won't waste the time to validate it and the CC card company will farm it out.

If you owe it you are going to have to pay it; at least work to make it on your terms.

Send a letter to your Senator and the State AG regarding these predatory practices and that you were never notified regarding the over the limit fees and how the fees compounded. Send a copy to the CEO of the CC company. Chances are you will buy an extra month or two with all of those letters out there.

If NCO is violating the FDCPA (they do quite frequently) then find a consumer attorney and approach them about litigation.