Legal Question in Credit and Debt Law in Oklahoma

payment to collector accused insufficient

Several years ago,my then boyfriend and I purchased a car together, which was eventually ''given back'' to the lender in the form of a voluntary reposession (which is incorrectly noted as involuntary on our credit reports). Several months ago, my then boyfriend, now husband, received a call at work from the lender at which point they threatened to garnish his pay for the balance. I immediately made verbal arrangements and since then have done well at maintaining current standing.Recently, I sent a check for $100.00 to cover 4 months of payments in advance at $25 each. *Under memo, I clearly indicated the months the check was intended. Two weeks later a rep called to tell me that my payment was late. I told her that I was paid up through August since the check covered the four months indicated on the memo line. She said it didnt matter what was written there, it was irrelevent.Is it true that the memo line explanation is irrelevent or does it carry weight regarding its intended use? She's threatening me that if I do not make restitution within 5 days, she will follow seek garnishment. I didnt think a paycheck could be garnished if a valid attempt was being made to rectify the debt. True or False?


Asked on 6/27/03, 5:26 pm

1 Answer from Attorneys

Herb Southern The Southern Law Firm

Re: payment to collector accused insufficient

False, they are in the driver's seat. They can sue you and then garnish your account, paycheck, etc to get their money.

My suggestion to you is that when you have a deal worked out to pay 25 per month do it. they enter into a deal like that b/c that is all they can get. When you send more, they want more and will do whatever it takes to do it. Your deal was enforcable, but when you changed the terms by sending 100 you opened the flood gates to them.

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Answered on 6/30/03, 2:59 pm


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