Cingular Wireless - Professional Collection Consultants I was sued by This company on behalf of Cingular. I tried to get a copy of the bill and was told no. I was served the papers to appear in court the day of court and was unable to get there becuase of working. Los Angeles California
I was contacted by a collection agency on behalf of Cingular. I asked to see an old bill that I had been trying for over a year to get the charges corrected. I told the collection agency that I had been harassed and verbally abused every time the phone collectors called.
It made it hard to even want to talk to them.
The collection filed a judgment against me and I was served to appear in court on the day of court. I was unable to get to court because I travel for my job. I also called the attorneys office a lot. No one ever called me back.
If I was called I was not told that it was involving cingular I felt like it was just a harassing phone call.
The collections agency is now attaching my wages.
With the amount that they want to take I will not be able to pay my bills. Such as a car, gas and insurance to get to work.
Fawn
Corning, California
U.S.A.
6 Updates & Rebuttals
Robert
Irvine,California,
U.S.A.
Unfortunatly..
#7Consumer Comment
Wed, February 04, 2009
It does not appear you handled this correctly and may be out of options.
When you asked for the copy of the statements was this through a written Debt Validation Requests, or just verbal. If it was written and you have proof, such as the certified mail receipt, they were not legally allowed to take any other action until they provided the debt validation. If a company takes action(such as filing a suit) without providing Debt Validation you can actually file suit against them for violating the FDCPA. If you did this verbally, there is no proof you asked for it.
It appears you were served correctly as you knew of the court date. However, if your work was a problem did you contact the court or just didn't show up. If you had contacted the court and asked to have it rescheduled they would have probably worked with you. But just not showing up you gave up your rights and they got the default judgment against you.
As for your wage garnishment. In CA they can only take a maximum of 25% of your Gross wages after taxes. If they are taking more than that you can go back to the courts and have it adjusted. The other thing to do is send them an offer IN WRITTING to settle the debt without the wage garnishment. Perhaps giving them a lump sum(at some discount) or just paying them without the garnishment would be acceptable to them.
Your only other option would be to attempt to get the judgment vacated. This cancels that judgment, and would stop the garnishment. However, they could refile the suit. If they refile it you could then put up your defense. However, you first need grounds to have it vacated, you then have to look and see if they in fact could prevail again. If they would prevail again, you will just end up in this same situation.
Lambmit
Sugarhill,Georgia,
U.S.A.
you should have went to court
#7Consumer Comment
Wed, February 04, 2009
You should have taken off work because when you do not go to court to defend the charges a default judgement is entered, it is just like you pleadeing guilty. If I were you I would pay this off right now.
Steph
Minor Hill,Tennessee,
U.S.A.
Do not give then any imformation
#7Consumer Comment
Wed, February 04, 2009
If they ask for any imformation refuse to give it
Steph
Minor Hill,Tennessee,
U.S.A.
Do not give then any imformation
#7Consumer Comment
Wed, February 04, 2009
If they ask for any imformation refuse to give it
Steph
Minor Hill,Tennessee,
U.S.A.
Do not give then any imformation
#7Consumer Comment
Wed, February 04, 2009
If they ask for any imformation refuse to give it
Steph
Minor Hill,Tennessee,
U.S.A.
Do not give then any imformation
#7Consumer Comment
Wed, February 04, 2009
If they ask for any imformation refuse to give it