Help stopping a wage garnishment

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married2afirefi

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In July of 2008, I contacted a "counselors at law" group that had taken over management of a credit card debt they claimed I owe (the debt is not in my name, but the person did use my SSN to register, and even though I sent copies of my identification they said it did not prove that I did not ever use that name) to make payment arrangements. I offered them $50 a month on the debt even though the debt is a little over $1,000. I told them being that my husband was the only one employed it was all we could afford. I was told that I had to supply them with his work information (his employer, work phone number, and salary information) so they could determine what amount was "acceptable" to them for payment, being that my husband is a correctional officer for the state of nj, I refused. I told them as the debt was being assigned to me they didn't need his work number. They then refused to enter into a formal agreement with me until this information was provided to them.

Recently, I get a letter stating they have appealed to the court to garnish my husband's wages. I replied immediately to the plaintiff as well as the court and asked that their garnishment not be honored and that my attempts be. I got another letter today stating the plaintiff wants to deny my letter because "I have not attempted to make a good faith payment", and I "did not provide husbands work information".

My question now is, where do I go from here? Do I send them a money order in the amount of $50 and see if they accept it as a sign of good faith (and make a copy of the MO to send also to the court)? Do I contact them again? Why do they need my husband's information? They say he is on the account, but I know for a fact he has never had a credit card with this company. What can I do to satisfy this debt in a way that is not going to cause farther debt the way a wage garnishment would? I would sincerely appreciate any information you could give me.

Thank you so much!!
 
I don't understand - why are you offering to pay on a debt that isn't yours? Or is it, even though your name wasn't used although your SSN was used? Let's say it's a debt you owe because otherwise you'd need to file an identity theft report to get rid of the collectors and it's clear to me that there is good reason you aren't thinking this way.

1) I wouldn't send them any "good faith" payments. In general, I've found that they don't care and, unless you get a written agreement from them, they'll take everything and still go for the jugular.

2) If they are demanding your husband's information and it's not connected with the account, you may want to tell them to send you the paperwork that shows he's on the account. Until that time, I'd probably tell them there is absolutely no reason to provide them with the information and involve him. If they have the evidence.... then show it!

One tip - collection agencies are notorious for lying in an effort obtain information or payments.
 
I was told several times by them that proving that wasn't my legal name did not prove I did not use to it register for this account. That the SSN used to open the account was mine, and was therefore inarguable proof that the account was mine, and I don't know how to go about fighting them.
 
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