OCWEN Fraudulent collection practices, payment refusal, threatening Internet Only, no Address For This Branch Of OCWEN Found Ripoff Internet
So, I got a letter two days before they intended to proceed, telling me that they're going to garnish my wages for a debt my ex-husband owes.
Who owes the debt isn't the issue, I can just pay and keep my credit in check and sue him later. The issue is, I wasn't notified in time to send a proper rebuttal and in fact, wasn't notified AT ALL. In the conversation they claim was recorded, I was told that they "tried' but couldn't seem to get through to ME personally...yet it was my fault that I didn't pay on time (I didn't even know this debt existed to begin with)
So, working with my personal budget which is paltry at best, I offered the most money that was financially feasible for me to pay each month without compromising my rent and day to day necessities. (to head off naysayers, my day to day necessities include food, utilities and gas money. I have no credit cards and my only debt is a student loan)
To make a long story short, both "Nicole" and her supervisor "Beth" refused, saying that the least amount of money they could accept was roughtly 25% of each of my paychecks, considerably more than the 15% the official notice said they were legally entitled to deduct. After fighting with this incompetent "Beth" b***h (my apologies, I just needed to get that little name-calling off my chest) for half an hour just trying to get someone else on the phone, I finally had to hang up on her. Apparently, there "isn't anyone else" I could talk to besides her...although she assured me she is NOT the president of OCWEN, apparently there isn't a single person with more authority than she has. (note: I called several minutes later and got a regular customer-service rep on the phone who immediately gave me the name of "Beth's" supervisor. I asked them to leave "John Connor" a message because he was "out to lucnh", which really meant they didn't want to let me through because I found out later that at the same time they were telling me this, my partner was on the phone with him, but who wants to bet THAT didn't happen?)
Can someone tell me if these people can even legally garnish my wages, especially for well over 15%? Are they a government agency or, as over a thousand other rip-off reports seem to verify, just a bunch of egocentric, law-breaching assholes? I would very much appreciate it if someone could give me a good jumping-off point. I do not have the means to hire a lawyer unelss anyone knows of one that doesn't charge if you don't win.
H.s.
Seattle, Washington
U.S.A.
2 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Wages CANNOT be garnished without a judgement!
#3Consumer Suggestion
Sat, May 06, 2006
You need to file multiple FTC complaints at FTC.gov. Even threatening wage garnishment while trying to collect a debt is illegal.
Your wages cannot be garnished for bad debt unless first you were sued and lost or did not respond, AND then they have to get a judgement to file for the garnishment order.
AND, even if they do get a garnishment order you have your day in court and can dispute it. Every state varies a little, but it is normally based on a percentage of your expendable income.
Did they sue you?
Did they get a judgement?
Were you served with a garnishment order either personally or through your payroll dept at work?
If not, they are bluffing and violating the law while doing it.
AND, if they do get a garnishment order, it is employer specific. Quit that job and get another one. You said your earnings were "paltry at best".
How do they know where you work? Did you tell them?
Never tell a collector anything. AND never pay them anything.
Jon
San Diego,California,
U.S.A.
Thieves Shouldn't Be Paid For Being Thieves!
#3Consumer Comment
Fri, May 05, 2006
I'm sorry to have to say it but you have pretty much summed it up... They are just a bunch of egocentric, law-breaching a**holes. And that's on one of their best days! In reality they are really so very much more. If I were you I would take all the evidence that I could find regarding their obvious less than human behavior and take it to your employer ASAP! Besides, I would be willing to bet that you would never receive a dime of credit for anything that they take.
That's my honest opinion regarding Ocwen.
Good Luck!