My question involves collection proceedings in the State of: FL.
Hello to all, In late July I received a letter from one of the payroll companies I receive paychecks from (I am self employed so I receive checks from various entities through different payroll companies) the letter stated that they had received court order to start garnishing my pay checks. I then contacted the payroll company to get more information and all they could provide was the name of the legal firm that was representing the collection agency that filed to garnish my checks. I attempted to contact the legal firm and was not able to get to a live person so I left a voicemail with my contact info, it has been close to 3 weeks now and no response from the law firm. I then start to do some research to try and get information regarding the collection company and I find out that the company is infamous for bad/illegal debt collection practices. Trying to get a hold of them was impossible, I couldn't even acquire a valid contact number.
I then Start to check the County Courts system and finally came across some information regarding the case that passed the motion to garnish. The case had taken place in late June and it stated that the court date notification letter was sent to an address that I have never lived at. In addition it stated the amount of the debt that they are collecting (over 3k) and who their client is (Major Bank). With this information I then checked my credit report to see if I could find the debt that this major bank is trying to collect and my credit reports states that I have NO ACCOUNTS in collection. At this point I am little worried that this may be some sort of fraud.
So today I contacted the major bank and explained the situation ... to several departments. I explained that I have never had any affiliation with that bank but somehow my wages are being garnished for a debt that no one seems to be able to tell me about. One of the reps actually searched the database to see if they could see anything and did find an account under my ss# and that was pretty much where it started going downhill once they noticed that the account was in collections the transfers started and ended at a rep telling me I had to contact the collection company that is handling the account so I ask for the number and he states he doesnt have one to give. I then ask what is the address on the account? I was able to get that out of him and again it was that address that I never lived at I then asked if there where any other names on the account and he then put his guard up again and did not answer. I backed off a little and then asked what type of account was this? He gave me an indirect answer saying "I can not give you that information but I can see that the call came in through our credit card department, but I can not tell you what type of account it is" so it seems like it may be a credit card debt. I thanked him and started to search for the collections company that he told me which was different than what was listed on the payroll garnishment letter and found nothing under that name.
Since contacting any of the involved parties directly wasn't leading anywhere I then started to check the legal system and find FL. State Statute 222.11 (a) and (b) that in lack of better words state that any head of household can not legally have his wages garnished with out giving consent. I then start looking for the forms required to file for the garnishment exemption. Once I find it I read a disclosure that states that the exemption form must be turned in 20 days after I received judgment for garnishment or said rights are forfeited. Well that judgement notice was sent to an address that I don't live at, not to mention I did not even know that this was all in motion until a month later when I received notification from payroll company stating that they have been court ordered to garnish my wages which by then it was too late anyways to do anything anyways.
I am now in a position where believe that the fair debt collection practices have been violated in the sense that 1) I was never legally served for this trial or action. 2)My wages are being garnished even-though I am the head of house hold without my consent for an unknown debt that can not be verified.
I have dedicated 2 complete days just trying to figure out what exactly is the cause of all this and still have no definite answer or solution. I have exhausted all my resources so I am turning to this forum, any ideas or recommendations are welcomed.
Thank you for your time.
Hello to all, In late July I received a letter from one of the payroll companies I receive paychecks from (I am self employed so I receive checks from various entities through different payroll companies) the letter stated that they had received court order to start garnishing my pay checks. I then contacted the payroll company to get more information and all they could provide was the name of the legal firm that was representing the collection agency that filed to garnish my checks. I attempted to contact the legal firm and was not able to get to a live person so I left a voicemail with my contact info, it has been close to 3 weeks now and no response from the law firm. I then start to do some research to try and get information regarding the collection company and I find out that the company is infamous for bad/illegal debt collection practices. Trying to get a hold of them was impossible, I couldn't even acquire a valid contact number.
I then Start to check the County Courts system and finally came across some information regarding the case that passed the motion to garnish. The case had taken place in late June and it stated that the court date notification letter was sent to an address that I have never lived at. In addition it stated the amount of the debt that they are collecting (over 3k) and who their client is (Major Bank). With this information I then checked my credit report to see if I could find the debt that this major bank is trying to collect and my credit reports states that I have NO ACCOUNTS in collection. At this point I am little worried that this may be some sort of fraud.
So today I contacted the major bank and explained the situation ... to several departments. I explained that I have never had any affiliation with that bank but somehow my wages are being garnished for a debt that no one seems to be able to tell me about. One of the reps actually searched the database to see if they could see anything and did find an account under my ss# and that was pretty much where it started going downhill once they noticed that the account was in collections the transfers started and ended at a rep telling me I had to contact the collection company that is handling the account so I ask for the number and he states he doesnt have one to give. I then ask what is the address on the account? I was able to get that out of him and again it was that address that I never lived at I then asked if there where any other names on the account and he then put his guard up again and did not answer. I backed off a little and then asked what type of account was this? He gave me an indirect answer saying "I can not give you that information but I can see that the call came in through our credit card department, but I can not tell you what type of account it is" so it seems like it may be a credit card debt. I thanked him and started to search for the collections company that he told me which was different than what was listed on the payroll garnishment letter and found nothing under that name.
Since contacting any of the involved parties directly wasn't leading anywhere I then started to check the legal system and find FL. State Statute 222.11 (a) and (b) that in lack of better words state that any head of household can not legally have his wages garnished with out giving consent. I then start looking for the forms required to file for the garnishment exemption. Once I find it I read a disclosure that states that the exemption form must be turned in 20 days after I received judgment for garnishment or said rights are forfeited. Well that judgement notice was sent to an address that I don't live at, not to mention I did not even know that this was all in motion until a month later when I received notification from payroll company stating that they have been court ordered to garnish my wages which by then it was too late anyways to do anything anyways.
I am now in a position where believe that the fair debt collection practices have been violated in the sense that 1) I was never legally served for this trial or action. 2)My wages are being garnished even-though I am the head of house hold without my consent for an unknown debt that can not be verified.
I have dedicated 2 complete days just trying to figure out what exactly is the cause of all this and still have no definite answer or solution. I have exhausted all my resources so I am turning to this forum, any ideas or recommendations are welcomed.
Thank you for your time.
Debt Collectors: Pay Check Garnishment
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