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Creditwrench answers a question about a Discover card lawsuit and how to defend against it.

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  2. 2.    Creditwrench CEO Bill Bauer         3620 S. Parkview Avenue                      Oklahoma City, Oklahoma, 73119                                     (405) 237-2174                                     (405) 227-9423                              [email_address]                              [email_address]
  3. 3. Question:I have a bill from the ER when i was in an accident 4 years ago. At the time I had private insurance and for what it did not cover, I had Medi-cal, because I am low income. Now I have a collection agency calling me for this bill, stating I have to pay them half down at least or they will place a judgement and garnish my wages. They will not accept payment arrangements. i told her I have been really ill the past few years and I have had to miss allot of work, I am a single mother of three kids, I am the sole provider. I am not even making ends meet at the current time. What is my rights in this situation? If I send what I can every paycheck and they accept my payment, can they place a judgement on my wages?
  4. 4. Yours is an excellent case of someone doing all they can to pay what they owe regardless of the amount of hardship it places on them and their families. On the one hand you are to be highly commended for doing that. I see far too many people who are more than willing to run from their responsibilities for whatever whimsical excuse they can think of to deadbeat their creditors. If everybody had the same sense of responsibilities then our economy would not be in the shape it is today. On the other hand, while paying up might be the morally correct thing to do and highly commendable, look what it is doing to you and your three kids because you fear that they will get a judgment and garnish your wages or seize any money you have in your bank account which you must use to pay your housing, utilities, clothing and food for you and your kids and transportation costs.
  5. 5. You admit that you aren't making ends meet yet you are placing yourself and your kids in a hard situation trying to do what is morally right or trying to do it out of fear, which ever the case might be. That is simply using poor business judgment. I do realize that you are obviously a very busy person, what with working and taking care of three kids all at the same time but now here comes this debt collector making life much harder than ever before, hounding you and trying to force you into paying far more than you possibly can. If that's the way they want to treat you it is time to slam on the brakes instead of trying to push the gas pedal clear through the floorboards. Can they get a judgment and place a garnishment on your wages? 
  6. 6. Well of course they can but if they violate your rights in some way you can take them to court and force them to go away and leave you alone and pay you your costs of doing so, damages, and forget about ever collecting a dime. All you have to do is learn what they can and cannot do and how to do something about it. Complaining to the FTC or the police or the Attorney General does no good. In order to get anywhere you have to learn how to file a federal case against them and all of that isn't that hard to do. It isn't rocket science and you don't have to be a legal beagle to do it. The right people helping you learn and coaching you and a little bit of time surfing the internet gets the job done. Pay someone to help you learn, teach you and guide you instead of paying that debt collector and you will get by much cheaper and maybe even make a few thousand in the process. **
  7. 7. Obviously you need to become a creditwrench student so that you can learn how to get this matter resolved and provide a better life for you and your kids.