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Can a C&D Letter Be Written to a Lawyer's Office?

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lionesswood

Junior Member
What is the name of your state? Arkansas
My boyfriend (who I live with) got behind on 3 or 4
credit cards that were turned over to collection agencies the
last few years. One of them was sent to a local lawyer's
office in Feb. 2003. My boyfriend makes about $1200 a month
working in a grocery store, and $300 of his monthly wages
were garnished by this lawyer's office. I am on Disability for
a physical problem and receive only $600 a month, so our
combined incomes went from $1800 a month to $1500 a month. This was very rough on us because $1800 a month
barely covered our necessary living expenses (rent, utilities,
food, and medicine). Both of his parents and both of my
parents all died within the last few years, and the only
person that we had to turn to was my uncle who lives in Texas. He sent us $300 each month for the next 5 months.
I don't know what we would have done without him. In June
of 2003, my boyfriend won $3000 at Louisiana Downs. He
then owed the lawyer $2000 for that credit card. He paid the
lawyer off, and paid my uncle back the $1000 he had sent us
to help us out. We were doing good, until 2 months later in
Aug. 2003, when another credit card was sent to a different
lawyer's office. My boyfriend absolutely HATED his wages
being garnished the last time, and set up a payment plan
over the phone with a woman who worked in this law office.
My boyfriend tried to settle on a payment of $100 a month,
but she wouldn't accept anything less than $250 a month.
He went out, in spite of his health problems (diabetes), and
found a second job so that he could send this law office $250
a month. He has paid on this debt for 8 months,and he still
owes the law office about $3000. Here's where the problem
comes in: He got laid off from his second job back in Apr.2004
and he only broke even the last few times he went to a race-
track, and he had to use what money he had left in savings
for necessary repairs done to our 9-year-old car, our only means of transportation. He has searched desperately with-
out success for a second job. He is now unable to pay the
$250 that he owes the lawyer's office on 5/10/04. He is
afraid that if he doesn't pay the $250, that they will start
garnishing his wages for $50 more each month than the
agreed upon amount that he reached with the lawyer's
secretary over the phone. Can a C&D letter be written to the
lawyer's office who he owes this debt to? Is there ANYTHING
short of bankruptcy that he can do to prevent his wages from
being garnished until he can find another second job? We hate to ask my uncle for financial help again, because he is
currently having to give financial help to his own two sons.

Pray for us,
Lionesswood
 


K

krispenstpeter

Guest
I was going to answer you until I read about your boyfriend going to the racetrack to try and win money to pay his bills.

After that, I just don't give a damn.
 

Ladynred

Senior Member
Spending money at the race track HOPING that he will win is definitely not the way to go, its much too risky. He really should worry about paying the rent and necessary living expenses - keep a roof over your heads and food on the table FIRST.

Has this 'new' lawyer firm filed a lawsuit against your BF ? If not, and there is no judgment, then they can NOT garnish his wages. That can ONLY happen if they sue him and win a judgment first.

IF that does happen, then your BF needs to show up in court and see if a settlement can be reached. He should NOT be talking on the phone, he is not protecting himself with verbal-only 'agreements'.

When was the last time he paid the ORIGINAL CREDITOR on this debt anyway ? Arkansas has 3 year SOL on credit card debts. Even though he has paid the lawfirm, it may NOT have reset the SOL if he didn't have any kind of agreement IN WRITING. I'd have to check AR state laws to be sure.

Worst case, if they do sue and again go after his wages, he may be able to claim hardship (and it sounds like it would be) and either get the garnishment reduced or stopped altogether.
 

cf6-80c2

Junior Member
Or maybe he should try parley cards.

I had a plan to be a millionaire within 8 weeks. Unfortunately I couldn't get 4 dang games right a month so ended up loosing 10 bucks a week before I realized I was either stupid or the games were fixed. You decide.
 

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