Good evening! I hope you can help. I am on social security disability. I had a credit card opened in 2088. I became disabled from a heart attack, with ongoing issues and severe back issues. The original balance was $325.00 which has become a $ 765.13 issue now from penalties.
I recieved a call from Riexinger & Associates about this and how was I going to resolve it. This debt was written off by SBC, then given to National Credit, which in turn was bought by Riexinger & Associetes. I offered to pay $325.00 which is a strecth, btu after a day recieved a phone call saying they would except but I had to pay $150.00 now.
When I told them I only have $5.00 in my account, and that I couldn’t do anything untill I recieved my check, they said they would give me the day to make calls to see if I could borrow the money. I told them My family is in financial problems themselfs due to job loss, and being on Social Security themselfs. But he insisted I try calls anyway. When called him back and told him I could not borrow the money, He then wanted my banking information to pre-date 5 $150.00 payments for the full balance because it going to be another month and they were charging their clients alot of money monthly to handle this and they would be losing to much money at the $325.00 settlement.
My response was not a month 6 days and I refused to give my banking information out. He told me he would give me the rest of the day to think about it. I am worried that they will put a garnishment on my Social Security check at the bank. Can they do this, being we have not been to court but he is a law firm.
I have nothing and it is not like I have’t tried to settle this in the past with another arrangement which because of my check being late and inable to make the third and last payment on time, which I called to explain and asked them to wait, they refused and cancelled this agreement too. What can I do and can they take my Social Security Disability check? Can you help answer these questions? thanks
You raised a lot of important issues in your question. First things first, good job on not giving this collector your bank account information.
A consumer should never give out their bank information to a company they are not familiar with.
Second, they cannot put a garnishment on your social security check.
Third, if you and the collector made an agreement to settle the debt that agreement should be honored and you should not be charged any improper fees.
In your situation I recommend contacting a consumer attorney in your area to make sure you’re legal rights are being protected.
Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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