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i had a Credit Card with Bank of America..paid with auto deduct from bank acct...tried to stop autodeduct...kept going thru and
Wichita Falls, TX
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Posted 29 days ago in Debt Collection
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overdrew account...finally stopped. Paid over phone then one day would not take my acct number. Went to BOA branch but they could not help with number I had..called several times to pay. Finally quit trying. Now I am being sued by someone claiming to be formerly BOA. After suit filed, got settlement letter...wants one time payment but due to me now being on SS with no other job I have not contacted them because I cannot make one time payment for settling account. What should I do? Will default judgment give them right to take my SS check. I have no property in may name. My husband has everything in his name since he pays for the house and cars and has his own credit accounts. i cannot afford an attorney. What should I do?
Answers (1)
Shawn B Alexander
This attorney is licensed in Washington.
Posted 6 days ago.
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Your SSI is exempt from attachment. You will need to consult with a consumer protection lawyer locally.
1. Start keeping a detailed log of all calls and letters. You should also demand in writing all communications from creditors is in writing. 2. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. 3. If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department. 4. All collections are negotiable. If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything 5. Get written confirmation of any payment plan the agency will accept. I do not practice in your state and you will need to consult with a local lawyer for protection under your state law. I have pasted a link to the FDPCA to help you with your federal rights; http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf I hope this information and generic advice is helpful. Good Luck |
