Richard
Erlanger,#2Consumer Comment
Wed, March 05, 2008
I'm amazed that you have no idea of the power you as a consumer have, especially in the state which you reside in. Texas is the biggest debtor friendly state meaning this: No creditor under the FDCPA can garnish wages, put liens on property or seize taxes in the state of Texas. Additionally the statute of limitations for voluntary debts is 4 years for open accounts (Credit Cards) and installment loans (Cash Call). If you get any more letters or phone calls from this company explain to them that there are attorneys in your state that would file suit against them for intentionally providing false and misleading information to a consumer which is easily at least a 1000.00. Harrassment can also be loaded onto that. They are basically using a scare tactic to get you into the state you're currently in so that you'll pay them and won't question it. To cut it short, in reference to your account with this company, they're screwed and they know it.
Tarken
Long Beach,#3UPDATE EX-employee responds
Wed, March 05, 2008
I agree with "Don't Stress Too Much". Any company will need to actually pursue an action in court before garnishing wages, tapping bank accounts, etc. Keep in mind, you live in Texas, what most collection agencies call a "Debtor state" meaning that it's difficult for them to pursue you legally. I say "difficult" but not impossible. If you haven't received a "summons" to appear in court over this matter, then Cashcall cannot take your tax money, garnish your wages, sweep your bank account, repossess anything, etc. I suggest to go online and search "state collection laws". Since Cashcall is the original lender, they are not exactly subject to the regulations in the FDCPA, they ARE however subject to your states rules and regulations concerning collections. Keep in mind, there is no such thing as "debtor's prison" anymore.... they can't throw you in jail, and they can't eat you, so really... how bad can it be? Good luck, I hope this helps.
John
Louisville,#4Consumer Comment
Sat, March 01, 2008
Unless they have specifically taken you to court and won a judgment against you, they have no legal power over you whatsoever. They cannot take your house...neither can they garnish your wages....or take your firstborn child....They cannot have you arrested...so keep calm and collected. Get any settlement terms in writing FIRST prior to making any settlement. CashCall is the most predatory lender out there and any promise they make about any settlements should NOT be accepted verbally over the phone
Vyctor
Kalispell,#5Consumer Comment
Wed, February 27, 2008
Before they can do all those nasty things like garnish wages, take your tax return, lien your property and all other things of that nature they first have to take you to court and get a judgement against you. If they haven't done that, these other things can't happen. As far as getting things in writing, ABSOLUTELY! There was a time, and it wasn't even that long ago that someones word meant something. Unfortunately that's no longer the case. Business arrangements should always have the paper backing it up so that neither party can go back on their word. Makes things simple.