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Fitzgerald Goldman & Assoc.

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Received many calls from this company indicating that they have several accounts (old PDLs) which are past the SOL in Florida (over 4 years) trying to collect. I have told them time after time that those accounts have been closed, charged off or PIF, but they continue calling.
Today they called my corporate HR in Washington DC asking about garnishing my wages. Not only did they call DC but also called my main office switchboard # and told the receptionist the whole story about garnishing my wages, etc.
First, can they garnish my wages without a judgement? And secondly, can they disclose all of my personal information to third parties?
Thank you.




SOAPLADY


Debt Samaritan
Posts: 17211
Credits: 474637.13869987

Sub: #1 You still owe accounts that
Wed, 02/06/2013 - 19:09

You still owe accounts that are charged off or closed. The 4 year SOL only applies to them suing you...it doesnt stop them doing a wage assignment which is voluntary. Have you revoked your voluntary wage assignemnt?? Have you sent them a cease and desist in writing via certified mail, return receipt requested??





Unregistered

Sub: #2 I sent them a validation
Fri, 02/08/2013 - 11:59

I sent them a validation letter, certified and return receipt but not a cease and desist. Do I need to send them that too? Also, can they garnish my wages without having a judgement against me? What about disclosing my personal information to third parties?

Thanks.





SOAPLADY


Debt Samaritan
Posts: 17211
Credits: 474637.13869987

Sub: #3 A debt validation implies a
Fri, 02/08/2013 - 18:53

A debt validation implies a cease and desist until they validate they debt. However you should have disputed the validity of the debt, providing them the proof that the debt was paid.


If you did not revoke voluntary wage assignment, then they can legally use that wage assignemnt against your wages.





Unregistered

Sub: #4 Where can I get a sample of
Mon, 02/11/2013 - 11:05

Where can I get a sample of wage assignment revocation letter? Do I send it USPS, Certified RRR also?

Thanks.





paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #5 actually
Tue, 02/12/2013 - 05:45

since these are pdl's and from looking this is a bottomfeeder.they can't do a wage assignment.those apply to the pdl's themselves.now you still should get a revocation letter to your HR person asap.something like this.


l hereby revoke any and all wage assignments i may have signed.


give that to your HR to cover your bases,but in reality this bottomfeeder can't do that legaly as they are not the lender,and wage assignments are non-transferable.





Unregistered

Sub: #6 Thank you Paul. So the
Tue, 02/12/2013 - 08:59

Thank you Paul. So the collection agency shouldn't be able to do the garnishment, right? I just checked with my clerk of the court and nothing has been filed with my name.





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