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    equeen5d's Avatar
    equeen5d Posts: 2, Reputation: 1
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    #1

    Mar 24, 2012, 03:00 AM
    Fighting a writ of garnishment
    In 2007 I had gotten a 100 loan from a payday loan company here in las vegas, I messed up and didn't make a payment in January and in march they took me to court and my wages have been being garnished since-in 2010 I had gotten an attorney who was going to file a lawsuit against the company because they were harassing me at work after getting the garnishment and after being asked by my boss to stop calling, well the attorney had sent the company a cease and desist letter in Utah,because they had gone out of business in las vegas, but they claimed they weren't associated with the Nevada office-and during that time I didn't receive anything from the constable (whereas before I was getting court documents every few months) so I decided to not pursue the case even though the attorney had told me I may be able to get some money out of this, well in 2011 I started getting court documents and when I tried to contact the attorney they no longer are involved in cases like this anymore. My question is how can I fight this because they obviously lied to my attorney because the writ of garnishment comes from utah-any ideas and/or advice would be greatly appreciated,
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Mar 24, 2012, 03:21 AM
    This story is a bit rambling, but your case against them (if any) doesn't negate their case against you.
    It sounds like you want to hold them liable for harassing you at work, and then for lying about which branch office is garnishing your wages and can or cannot accept a cease and desist order? I think that the lawyer who told you that you might get some money out of this is dreaming, unless it would be just enough to pay for him.
    In this day and age of courts clogged with debt cases, judges aren't too thrilled to be listening to counterclaims brought on by your own 'messing up.'
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 24, 2012, 04:18 AM
    It seems if you had just taken the money you paid an attorney, you could or would have paid the debt you owe. They are allowed to contact you for payment, sorry if you did not like them doing that. So they lied to you, or your attoreny, guess what collection firms lie, but I don't see any reason for you to sue them, You can report them to the banking commission, the BBB and their licensing authority.

    Why not just pay them.
    equeen5d's Avatar
    equeen5d Posts: 2, Reputation: 1
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    #4

    Mar 24, 2012, 03:38 PM
    I didn't pay the attorney any money he said I had a good case because of the Federal Fair Debt Collection Practices Act and monies for his services would be collected from the company, believe me I wish I could just pay it off but its over $1,000 now and I just started work at a new company and waiting for the day the constable walks in here with that garnishment, thank you both for your insight, I appreciate you taking the time to give me a straight forward answer

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