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Question: Can bill collector demand payment of bill if my wife and myself only collect soical security. We are retired with small income? How do I back them down.Thank you James E C
Answer: The fact that you and your wife are retired and collecting social security would not prevent a debt collector from contacting you and asking you to pay an outstanding debt. The fact that you areon a fixed income would only be an issue if the creditor forward the account to an attorney in your state to file a lawsuit against you to attempt to collect on the debt. Many retired people are what we in the financial services industry refer to as ?judgment proof,? meaning that they have no major assets and have no garnishable income, so even if a creditor obtains a judgment against them, the judgment is nearly impossible to enforce. I do not know enough about your personal financial situation to tell you whether or not you would fall into this ?judgment proof? category; while a judgment creditor would likely not be able to garnish your wages, if you own a home or other property, the creditor may be able to place a lien on the property. If you are being contacted by debt collectors, I encourage you to contact an attorney in your area to discuss
the potential impact of a judgment against you; an attorney should also be able to recommend the best course of action in regard to this debt based on your current financial situation.
If you find that you are ?judgment proof,? or if you simply do not have the money to repay the debts these collectors are calling you about, you may want to send a cease communication letter to the collection agencies that are calling you. You can find an example cease and desist letter by visiting fairdebtfaircredit.com
Under federal law, if you notify a third party collector, such as a collection agency, in writing that you no longer wish to receive telephone calls from them, they are required to stop calling you. Sending this letter should stop the phone calls you have been receiving,
but it will make the debt go away. For this reason, it is important that you consult with an attorney to find out the best way to resolve these debts. To find an attorney in your area, you should contact your county or state Bar Association?s attorney referral service. If you explain your legal problem, they should be able to refer you to an attorney in your area with experience in the area on consumer rights law.
I invite you to visit the Bills.com Debt Help page where we offer a wealth of information about the various debt relief options available to consumers struggling with debt.
I wish you the best of luck in resolving your debts, and hope that the information I have provided helps you Find. Learn. Save.
Best,
Bill
www.bills.com
Also, make sure to get a free financial health check-up with Bills IQ!
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Bill has answered all sorts of questions and has been able to provide those in need of financial guidance with helpful and valuable advice and information on their specific financial area of interest. If you need specific guidance on any of the above mentioned financial areas, feel free to Ask Bill your financial questions and get better informed. Also, make sure to get a free financial health check-up with Bills IQ!
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1. Posted by chris freeman on Sunday 3rd February 2008 18:19
Can a bill collector draft money from my checking account without my permission? If they do what is my rights, and what can I do about it?
2. Posted by bgstroh on Monday 4th February 2008 06:13
NOPE! THey cannot 'draft' your checking account unless they have an authorized levy, which can only happen on unsecured debt by first obtaining a judgement and then appyling that. If it is IRS debt or student loan debt then the collection process is easier, but you must first still be notified. Call the collector and depending on the amount you may want to hire an attorney to pursue them.
3. Posted by JI on Thursday 14th February 2008 13:56
How often,once you speak with a collector,can the collector call you in a 24 hr period?
4. Posted by Nithin on Thursday 14th February 2008 14:56
Not sure about the number of times specifically, but the Fair Debt Collections Practices act (FDCPA) restricts debt collectors from making repeated telephone calls or telephone calls at unreasonable times. The act defines unreasonable times as contat before 8:00 AM or after 9:00 PM, unless you have given the debt collector permission to contact you during those hours. For more information please visit the FTC's information page.