What do I do about this creditor? I think their going to garnish me?

This may be long but I need help, please read. Ok, I have had this credit card for 3 years. I always paid them on time until I got into a real financial trouble. I was in an accident, in and out of doctors, missing a lot of work. I couldn't pay them. Then when I was getting a little things worked out & was able to pay, I logged onto their website & it said they had been bought out by another company & gave their phone number. I called them and they were very rude and would not set up payment arrangements with them for less than $100 a month. I couldn't do that. I explained my situation to them & they said they couldn't do it. I ask them for a mailing address so that I could send them payments when I could and they would not do that. They said they couldn't accept anything less than $100 so I told them well I don't know what to do & they said they would turn it over to a collections agency so I said ok, do what you gotta do. Then today someone from Apex called me & said it's

their understand that I am refusing to pay this debt and that it has been charged off. It has been 10 month鈥檚 since I paid anything on them. And 3 months since I talked to the person that said they couldn鈥檛 take less than $100. The guy from Apex said I have to pay the full amount of $1300 or payments of $108 for 12 months with check drafts. I told him the same thing I told the other company; I never know how much my check is anymore because I am out so much due to this accident I was in, going to doctors, therapist, and just being sick. So I can鈥檛 say I will have $108 in the bank on any given date. I asked him for an address and he said he can鈥檛 do that. He was VERY rude to me, he kept implying that I was refusing to pay but I wasn鈥檛 I just can鈥檛 pay what they require. I told him I was tired of talking to him because he wasn鈥檛 being helpful to me and I have to get back to work plus he was making me very upset to the point of me crying. I don鈥檛 know what I can do.

A couple of things:
1. Yes, they can garnish you pay check, your bank account etc.
2. Don't tell them where you work. When you make payments send in money orders not checks so they don't get your checking account information.
3. When they call again, tell them to mail their demand in writing. The letter they send must include their address.
4. A creditor may not refuse any payment.
5. If you have a debt issue, look at this:

There are a bunch of scams out there and a lot of people that will try to rip you off under the guise of repairing your credit. Go with a reputable organization that will help you and not rip you off. I have worked with Consumer Credit Counseling Service for a couple years and they have been great. Check them out at: http://www.cccsintl.org/

They can help you work with your creditors to reduce payments and interest and they have educational information to help you to manage credit better.

Now that the debt has been turned over to collection they will probably file legal action against you. They want the entire balance now. If your state allows garnishment, they will have to obtain a judgement against you first.

In order to garnish your wages they have to take you to court. Most collection agencies don't want to spend the money to do that, especially not for the $1300 you owe them. Try to borrow the money from a bank, or from parents to pay it off. If you don't have the money get a second job, work from home, if you can't work because of an accident you should be collecting disability which is more than the $100 they are asking for.

just consolidate your debt into another loan. it'll lower you money per payment and your intrest.

in the uk there is a Government Insolvency Act. is there something like that where you are that could help you out of this debt? i know your debt isn't that much but you're obviously struggling so perhaps they could offer advice.

Well first of all they cannot garnish your wages without a court order. And you would have to be notified as to a court date when a hearing would be had. Until you are notified of a court date, nothing is going to happen as far as garnishment.

The next time they call, tell them to give you a number so your attorney can contact them. Yes, I know you don't have an attorney, but they don't know that. If they refuse to give you a number, then tell them never to call you again and hang up before they can try to argue.

If they do call you again, then tell them since you have told them to cease calling you, that you are going to file harassment charges against them.

I seriously doubt that they will even take this to court as there is a limit to garnishment for one thing, and the judge would most likely only award a small percentage of what they want you to make in payments.

Now the bad news is that this company CAN put a bad mark on your credit report. But also remember that you can make comments on your credit report to explain any bad marks---and you should do that.

They have to take you to court before they can garnish your check; even then, it is the courts discretion on how much they can garnish from your check. If you end up going to court, make sure you mention that you attempted to make arrangements to pay the debt, but that they refused to do so. One thing you need to understand, though, is that, whether they take you to court or not, the worst they can do to you is give you a bad report on your credit rating. Play hard ball with them; if they call you again, tell them that unless they provide you with a valid company name and mailing address, then you are not going to pay them anything. I would not, under any circumstances, allow them access to your bank accounts or account numbers. Companies "lose" account numbers all the time, web sites get hacked and all sorts of other financial underhandedness goes on to make that solution too risky to allow. If they still refuse to work with you, then just thank them for their phone call, and hang up. Remember, these places usually record their telephone conversations, for "training purposes". If they take you to court, subpoena the records, and let the court hear how you attempted to make arrangements with them and they refused. Be courteous and cordial on the phone, but dont give in!

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