QUESTION
How do I avoid garnishment from a installment loan that was taken out in 2016? It was recently sold to collection agency.
Asked on Aug 11th, 2021 on Collections - Michigan
More details to this question:
I recently got an email from a collection agency stating they had tried to contact me previously. They asked for me to call them or I'd risk them sending the case to a law firm. I am also receiving daily phone calls from the original company (I believe). I did make the purchase 5 years ago (home improvement company), however, I don't have 11K to resolve this issue and I don't believe they will be willing to accept $50/month (which is all I can spare). I was trying to run out the statue of limitations, but, I'm not sure how that all works.
1 ANSWER
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You have several problems:
Only one party is entitled to collect on a debt, not two.
It is possible the calling might be a violation of the FDCPA (Fair Debt Collections Practices Act). You should speak to a lawyer expert in this area (more information is needed to determine if you have a case).
You certainly have a right to file for relief from Garnishment, it requires filing for relief with the court having your financials straight so you can show the judge and opposing counsel your true financial situation.
If you have a lawyer, you should speak to them, but you probably need to speak to someone like us who can assess your situation and advise you what makes the most sense in your situation.
Good luck.
Answered on Aug 11th, 2021 at 10:06 AM