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I received a garnishment notice

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Posts: 3
Credits: 194.3
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I don't have innsurance.I owe a hospital bill of $2,452.15 from september.They sent me to mscb Inc.(Mid South Credit Bureau Inc.) to collect the debt,well they have called me at least 2 times per week since then.I got with in touch with the hospital and they sent the forms for the hospital to pay my bill,but before I can turn the form back in I have to sigh up for medicade.I have filled out the form for Medicaid and i received more forms today to fill out for medicade.I talked to mscb Inc on Wednesday and told them what was going on and she told me ok to call them back when I hear any thing else.So today I get a call on my answering machine them tell me to call the back on monday.Then I receive a letter today telling me "Our files indicate you are employed and that we can collect by having an attorney file a suit and if or when judgment is granted, garnish your wages" well I have not worked since 2003 so I don't know why there files indicate that I am employed I am in Missouri could anybody please help me figure out what to do thank you.




Lorri

Posts: 1722
Credits: 22466.496465317

Sub: #1 Well, they obviously have the employment information incorrect a
Sat, 04/07/2007 - 22:59

Well, they obviously have the employment information incorrect about you and that can be proven I am sure with the IRS. If you are on social security, SSDI or some other type of aid, I am pretty sure those cannot be garnished.




bigga
Posts: 3
Credits: 194.3

Sub: #2 I am on no type of aid
Sat, 04/07/2007 - 23:01

I am on no type of aid




Unregistered

Sub: #3 OKay sorry to hear about your sit., but let me say this, if this
Sun, 04/08/2007 - 05:09

OKay sorry to hear about your sit., but let me say this, if this is there collection letter I would first look at a couple lines.
1) threaten garnishment without judgement maybe a violation of the fdcpa Iam not sure.
2) Check and see if they can sue you or even threaten to sue you. If not they would have violated another rule.
3) If you are unemployed then it would be hard for them to garnish anything..
4)Check with the hospital for financial aid- do to the abillity not to pay. Most if not all hospitals have forms to fill out and the just write it off if you gualify.
You should look at Fair Debt Collection Practices Act
Fair Credit Reporting Act. Im new at this so please look around, but from what ive read there seems to be some violations in this letter but Im not sure maybe someone with more knowledge can chime in. These are just coming for my newbie eye's.




WHEREAMI?
Posts: 5266
Credits: 73181.1

Sub: #4 They can hire an attorney to file suit, but with the information
Sun, 04/08/2007 - 05:45

They can hire an attorney to file suit, but with the information you have given, it could be a standard letter they send out for collecting accounts. But if you are on disability this type of debt can not be garnished.




finsfan13

Posts: 6933
Credits: 65210.65

Sub: #5 They can't garnish your benefits check for this type of debt, no
Sun, 04/08/2007 - 06:03

They can't garnish your benefits check for this type of debt, no, but they can definitely attach your bank account. This is just a standard collection letter, they are not threatening at all, there has been no court hearing.

All they want is their money, they don't want the extra fees of levvying your accounts. Contact them and attempt to make some arrangements.




bigga
Posts: 3
Credits: 194.3

Sub: #6 I am filling for financial aid through the hospital.I have the f
Sun, 04/08/2007 - 10:03

I am filling for financial aid through the hospital.I have the forms filled out, I am just waiting for medicaid to give me either a rejection letter or a acceptance letter. when I receive that I will be able to send the form in.I have told mscb this but they still call me and send me letters.




Tiffany99

Posts: 1059
Credits: 20375.55

Sub: #7 Send them a debt validation letter, and in it, also request that
Sun, 04/08/2007 - 10:31

Send them a debt validation letter, and in it, also request that they cease and desist contacting you by telephone, and request that all future correspondence regarding this matter be sent to you in writing via United States Postal Service mail. Send the letter certified/return receipt requested, so that you have proof that your letter was received and signed for.

Sending the validation request will get them off your back, and hopefully your medicaid determination (approval/rejection) will be sent soon, and you can work with the hospital to get this sorted out. If you are approved and the charges can be billed to medicaid, make sure that the hospital takes your account back from the collection agency and that either you or the hospital has the collection agency remove any inquiries or derogatory info. they may have reported to the credit bureaus about this account.

If you receive any calls from them after you know that your letter was received, start keeping a log of the date, time, name of person, etc. Once a collection agency receives a notice to cease and desist calling you, if they continue, they are violating the fdcpa, and you can file against them and receive up to $1,000 per violation.




Law Student
Posts: 1186
Credits: 17356.05

Sub: #8 They are trying to frighten you. They are stating what they can
Sun, 04/08/2007 - 16:17

They are trying to frighten you. They are stating what they can do, and trying to cover themselves (from the fdcpa) by saying "if or when" a judgement is granted. Personally, I'd say that this is a violation. Dunning letters according to law and several court rulings, have to be plain enough to be understood by an "unsophisticated" consumer (someone who finished no more than 6 or 8 grades of school). I'm not suggesting you're "unsophisticated", but that's what the law says regarding those letters. To most people who get a letter like yours, they theink that indeed they are going to be sued and have wages garnished. I read a California Appeals Court summary of this very "unsophisticated" issue.




Law Student
Posts: 1186
Credits: 17356.05

Sub: #9 Buda, you're right, an outright threat to sue and garnish wages
Sun, 04/08/2007 - 16:21

Buda, you're right, an outright threat to sue and garnish wages (when there's been no judgement) is a violation.
Bigga, I don't know anything about Missouri, or even if they can garnish anything there. They can't garnish any sort of benifits check or SS though.
Law Student
San Francisco, California




Unregistered

Sub: #10 garnishment of your wages
Mon, 11/03/2008 - 18:24

I received a court order today and they told me that I was going to court to get my wages garnisheed because I owe a 700.00 bill. I do owe this but I am going through a credit consolidation company and pay them 300.00 a month.




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