I have a repo debt that they are trying to collect on.?

Question

I'm about to go onto maternity leave and I have 3 other companies currently collectioning from my bank account. I offered this company $50 a month till January and they refused my offer my accepted it to buy another a week before they sent it to legal... As long as they keep accepting money from me can they garnish me??

Answer 1

There's a legal term called "good faith effort".  You'll need to speak to a lawyer to find out exactly how the laws work in your state.  However, if you're making an effort to send them money, they can't sue you.

Again, though, laws vary and debts vary.  You can't claim "good faith effort" for a service that you haven't yet received or rental item/property that you haven't yet used or are currently using.

Basically, you need to talk to a lawyer.  A financial assistant may be of help as well, but a lawyer would be better suited for this situation.  

Usually they'll give advice for free.  

Answer 2

Without judging you, I would say that you are at least trying to make a good faith effort to pay back your debts.  Something is better than nothing. Collections settle for pennies on the dollar.

I would contact a debt settlement program and see if they can help work out a plan for you there are many options for you.  

Answer 3

Ignore Am_I_Bluffin'?? ignorant response. You are working so it is not HER tax dollars. It's everyones tax dollars, including your own if you get assistance. God I hate idiots...anyways....If you are paying and they are accepting your money they can't then take you to court for legally not paying and ask  for a judgement. That is not how the government works. From the sound of it, you are paying off your debt which will make a better life for you and your child. Good luck!

Answer 4

you are dealing with the scum of the earth in debt collections and I would not trust anything they say to you or promise you..at all.  

I know thats not the reassurance you are looking for, but its the fact.  If you gave them permission to access / debit from your bank account(s), my understanding is that they can pretty much do as they want with your funds, as long as they later can show they did so in compliance with the contract and/or that it was a remedy after you defaulted on the contract / agreement.  

Keep in mind they likely already have attorneys and they know you likely dont, and will have to pay to fight them for any money they freeze/withdraw.

If you are not going to declare bankruptcy i would leave the account open and make the payments if you are able to continue and have an agreement you are up to date with.  if you know you arent going to keep up with the payments and will absolutely have no option but to have to default and/or eventually declare bankruptcy, I personally (you my not wish to do the same) would close the account and recover the funds or they could freeze the last bit of cash you have / get a judgement for the account funds.

How much liquid cash you actually have to protect and how big your debt is is a big part of the question. (this is not intended to offer legal advice, only my non-professional personal belief)