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Frank, United States | 06-Sep-2014 |
Scam Phone Number 7726473222, Threatening to contact my employer & get wages garnished.
He alleged I had a delinquent loan and I had willfully defaulted with sole objective of scamming a legitimate lender. I protested but he would not listen. Threatened to call payroll & get my wages garnished unless I pay up! Hardcore harassment! I told them it must be a case of mistaken identity, but to no avail. Keep harassing…
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Hi Frank, the calls are part of extortion scam.
Scammers take advantage of consumer’s lack of awareness when it comes to legal aspects of debt collection.
When scammers call and threaten restraining order, arrest & wage garnishment, they get scared, start to shiver, pack off to the nearest WU store and give sublime pleasure to the swindler, by sending him hot $$$!
The scammers use names of law firms to make the call look legit. Ask the caller to send Debt Validation Notice as per FDCPA. And don’t give address or any personal info if he asks you.
Note on Wage Garnishment:
Threat of Wage Garnishment is often used by scammers posing as debt collectors to coerce cash from people. Most of these calls have no connection with any loan that the victim might have taken. The calls are usually extortion attempt to scare a victim to pay. The money goes to the criminals, not to any payday loan company or debt collector.
Consumers need to know that a Lender or a Debt collector CANNOT get your wages garnished by simply writing to your company! There is no such provision in law. Even if you have agreed (in the loan agreement) that wages be garnished in case of a delinquency, the lender or debt collector has to obtain a court order to get wages garnished.
No employer will entertain a request by some company to garnish your wages if its unsupported by a court order.
(Incidentally, Federal law allows federal agencies to require employers to garnish employees’ wages without a court order when the employees owe the government money. That’s only when you owe money to the Government)
So the talk of a debt collector or a lender that “your wages will be garnished”, if you do not pay cash within certain period, is nothing but a hollow threat.
A court process for garnishment is a long drawn affair and you would be very much aware of the process, since you would have received court notice by mail.
Never get hassled by calls threatening wage garnishment, restraining order or arrest. You could safely presume that the caller is a scammer or an illegal debt collector. Ask him to sent a Debt Validation Notice in accordance with FDCPA. Tell him that you are aware of scams and has been advised by FTC to respond or act, only after receipt of a valid Debt Validation Notice. Also ask them firmly, not to call you again. (Don’t bother about threat of arrest etc. Legal actions do not happen out of the blue)
You will NOT receive a genuine Debt Validation Notice from the callers who make scare calls. They are part of criminal extortion gang who has got hold of your phone number. They may have some personal info which is again stolen from various sources. Don’t make the mistake of giving them your address or names of your family members and any other personal info.
If they call back again, ensure that you cuss them out. Use the worst expletives that you can manage to bring out. Be firm and tell them that the call is being taped and you have filed complaint with the Local Sheriff’s Office, FTC and the FCC.
FILE COMPLAINT ABOUT THE CALL WITH:
Federal Communication Commission (FCC) — www.fcc.gov/complaints
FBI (IC3) — www.ic3.gov/default.aspx
FTC — www.ftccomplaintassistant.gov
Consumer Financial Protection Bureau (CFPB) — www.consumerfinance.gov/complaint