Said they were garnishing my wages and will serve me papers at work , first they said they were trying to send me paperwork to where I lived 6 years ago , second they were garnishing my wages , 1 I don't work 2 only the IRS and child support can garnish anyone's wages after I told him that he said he would file charges it's from a debit with ace cashing place that was over 9 years ago
I don't know where this "only the IRS" can garnish wages came from. If they take you to court and win their case, and if state law allows it, the judge can sign off on it and your wages and/or bank account can be garnished within Federal limitations. Social Security cannot legally be touched except by the IRS, student loans, other taxing authorities, or certain court ordered payments. Now the key to all this is that they haven't even served you those imaginary papers yet. Therefore, you haven't gone to court yet.
Criminals are masquerading as debt collectors in an attempt to extort money from people by scaring them into believing that:
a. You are going to be sued and it will cost you lots of money when they allegedly “win” their case.
b. That they are about to file criminal charges or that you will be criminally charged (they use the bad check or hot check claim a lot) and go to jail.
c. That they will take away your driver’s license.
d. That will garnish your wages without actually being suing you, going to court, or even winning a case and obtaining a judgement followed by a judge’s consent to the garnishment. They also claim that your wages will be garnished in amounts far above all legal limits.
One of the tricks they use is to call your family, friends, neighbors and/or places of employment (past or present or both) to create panic and embarrassment so that their intended victim calls them and they can scare that person into paying their extortion money.
They will use the words “Mediator”, “Arbitrator”, “Law Office” or claim that they are a “Lawyer or Paralegal” to make you believe that they are something other than a debt collector want-a-be and that they don’t have to follow Federal and State collection laws, even though they do have to follow those laws, but they won’t. They also tell you that if you fail to call them back you are "waiving your right to council", which is pretty much nothing but hogwash.
They claim they are officers of the court, or that an officer will accompany them, or even that they are sending officers to arrest you. All hogwash. They tell you to lock up your dogs and guns for “everyone’s” protection. More hogwash.
They use the phrase “govern yourself accordingly” a lot, something they should do themselves.
They mention that they have received a Fax document, to create the sense of urgency and tell you that they are a “process server”. This is simply ruse to get you to call another number where they will ask for money to “make it go away” (this is actually the same place, they work in teams, one pretending to be the server, and the other usually pretends to be a lawyer). Process servers do not ever call ahead so that you can dodge them. Process servers get paid to serve papers, nothing else.
It is incumbent upon them under the law to prove that the debt exists and that you owe it, and that they have the legal right to collect it. You are not obligated under the law to prove that you don’t owe or that it is paid.
Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) postmarked within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here and also make a complaint at this government site: http://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: http://800notes.com/faq/attorney-general