Legal Question in Credit and Debt Law in West Virginia

Collection Agency call: pay or legal matters are on your way

I was at work when a collection agency called (I have a home

phone) he stated I must pay a lump sum of money or I could

pay a smaller lump sum with monthly payments, both requests are not in my budget. He said if not he would turn me in

to my state of residence to start legal matters. I asked

him to please send me a copy of the terms we just went over

and he said he was not wasting another 32 cents for a stamp.

I do not know what to do. I do want to make payments and

get this fixed but I am affraid of getting sued. I am scared

to call and talk with the collection man as he is very rude

and upsets me greatly.


Asked on 7/23/03, 3:57 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Collection Agency call: pay or legal matters are on your way

Collection agents are aggressive by necessity. They usually know the law and what the limits are in attempting to collect a debt for their client. Keep in mind that they are looking for a paycheck and usually have authority to settle for less. Since your employment is known, the collector could attach wages in excess of the federal exemption amount IF and only if he obtains judgement and the clerk sends out the notice. Even then, you can stop the garnishment in West Virginia with an exemption delivered to the Sheriff and end the collection process with a bankruptcy. It could be that a negotiation will get you to a payment you can live with. Go see a bankruptcy lawyer or a Consumer Credit Counselor and explore all of the possibilities. Of course, cash talks, and payments must be large enough to justify the paperwork in handling.

Read more
Answered on 7/23/03, 5:45 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in West Virginia