A collection Agency called Pioneer Credit Recovery contacted me at work and informed me that my student loan had been sold to them. I agreed to make a payment plan, since its my debt and its the right thing to do to pay it. However at the end of the phone call Tanya informed me that in order to have this payment plan I needed to make a payment of two thousand dollers first. I do not have that kind of money, and I told her this, and she put me on with a manager who told me to ask family, or to sell things. Then they told me I had until the end of that day to make the payment or they would garnish my salery. Which they are now, and I want to know if they can seize my tax return or if there is a way to keep them from taking my taxes. I desperately need the money to pay bills.
Sounds to me like these guys are playing hardball. You have lots of rights under the Fair Debt Collection Practices Act. It's difficult to determine from you facts exactly which rights they may have violated. They can possibly apply an IRS intercept to get to your tax refund. You may wish to challenge their wage garnishment. Or you may wish to have an attorney re-negotiate the settlement terms. Unless you put some pressure on them, they'll keep moving forward against you. Please feel free to call me at (954) 545-9898 or you can schedule an appointment at our office on Cypress Creek Road in Fort Lauderdale.
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Mark S. Guralnick
Attorney at Law
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Chapter 7 Bankruptcy Attorney
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.
I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
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