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Can my wages be garnished by LVNV Funding in North Carolina?

Posts: 1
Credits: 210.85
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I have been receiving calls from the lvnv funding llc. We can not come to an agreement on payments to repay on a Sears Credit Card. I was wondering can they garnish my wages in the state of North Carolina. Thanks




trophy
Posts: 162
Credits: 2537

Sub: #1 You need to be careful if LVNV Funding is licensed in your state
Tue, 07/24/2007 - 17:08

You need to be careful if LVNV Funding is licensed in your state. This company is famous for violating the state laws. Read the entire topic here and know others experiences.

http://www.debtconsolidationcare.com/lvnvfundingllc/index .html

Are you sure they are authorized for collecting on your account? Did you get the debt validated in writing? They have to give you the info of your account and prove their legit collections.

You should also check on the SOL period of your state and verify it with the last payment date on the Sears account. They cannot take you to the court if the statutes have expired.




Morningstar
Debt Samaritan
Posts: 1634
Credits: 12478

Sub: #2 Wage garnishments do not appear to be legal in the state of NC.
Tue, 07/24/2007 - 17:18

Wage garnishments do not appear to be legal in the state of NC.

The only people with whom you should try to get even are those who have helped you.
-John E. Southard




Law Student
Posts: 1186
Credits: 17356.05

Sub: #3 Trophy is right. Check to see if the statute of limitaions has
Tue, 07/24/2007 - 17:55

Trophy is right. Check to see if the statute of limitaions has run on the debt before paying a dime, because generally LVNV tries to collect on debts which it has purchased. Don't admit to owing even a portion of the alleged debt.

He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)

The science is in knowing, the art is in perceiving - Robert Fripp (1946-)

Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)




Unregistered

Sub: #4 No they can NOT garnish your wages in NC.Not even they got a Jud
Tue, 07/24/2007 - 21:08

No they can NOT garnish your wages in NC.Not even they got a Judgement again you.Banking accounts another story.




Good Nelly


Posts: 2309
Credits: 49553.55

Sub: #5 A writ of garnishment is one of the ways that is used by a credi
Thu, 07/26/2007 - 04:35

A writ of garnishment is one of the ways that is used by a creditor to recover unpaid debt. For the wage garnishment of a debtor, the collectors and creditors have to first get a court ordered judgment. There are different laws for wage garnishment in different states.
In North Carolina garnishment of wages is possible only if the debtor has considerable amount of money on deposit and there is no family member who is dependant on those funds for support. However, garnishment of wages is possible in collecting other claims like:
1. To get back unpaid taxes
2. To impose an order for child support
3. To impose a judgment to recover the payment for the medical services offered by any public hospital.


http://www.facebook.com/?ref=home#!/profile.php?id=100002227460566




cajunbulldog

Posts: 4859
Credits: 42498.45

Sub: #6 In North Carolina wages cannot be garnished for consumer debt wi
Thu, 07/26/2007 - 04:53

In North Carolina wages cannot be garnished for consumer debt with the exception of student loans or government obligations.They can still satisfy a judgment using other methods.Send a letter to validate the debt and get off the phone.Send letter certified return receipt mail.If they can properly validate,then you can worry about a settlement then.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.




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