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MyFico_704
Posts: 93
Registered: ‎06-26-2009
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Got a call from cc company today.... with threats!

[ Edited ]

Received a call from cc company/employer saying I have 3 days to pay the minimum balance due of $300 or it will go to the recovery deparment, where it will then be a "charge off" and it will hurt my "credit for 7 years."  The rep also stated that since I do work for the bank they will do a "wage garnishment."

 

They've been calling my desk at work.. but I've just been ignoring the calls.  TODAY the called my manager and she transferred the rep over to my desk!  Are creditors permitted by law to say anything about my personal debts to my manager?  Employee or not????

 

I owe 16k along with other cards (total 87k) that I just can't afford to pay.  I live in NC... are wage garnishments permitted by law?

 

 

Contributor
MyFico_704
Posts: 93
Registered: ‎06-26-2009
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Re: Got a call from cc company today.... with threats!

Found the answer to Wage Garnishments in NC:

 

"Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties.  However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states’ laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee’s wages if required to do so by law.  If a court from another state issues a valid order under that state’s laws requiring an employer to withhold a North Carolina employee’s wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order."

 

**Got this from NC Department of Labor.

Valued Contributor
GregB
Posts: 1,669
Registered: ‎05-24-2007
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Re: Got a call from cc company today.... with threats!

I can't imagine a state that would allow wage garnishment without them suing you, winning, and then getting a court order to garnish your wages. Could be different if you actually work for the lender. They are correct in the 7 year reference since any negative, even one 30-day late, stays on that long. Collections, Judgements, BK, etc. usually stay on longer. 

 

 

Epic Contributor
Creditaddict
Posts: 21,519
Registered: ‎10-23-2007
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Re: Got a call from cc company today.... with threats!

It might be in your original company policies that you got when hired.  It may be an internal rule that they will take your wages to pay debts within the company.

I know stores like Neiman Marcus and Saks will discontinue your discount if you default on cards and I believe at some point can also start taking your salary to pay your employee charge account.

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Valued Contributor
IOBA
Posts: 2,697
Registered: ‎08-13-2009
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Re: Got a call from cc company today.... with threats!

Who was the creditor?

Contributor
MyFico_704
Posts: 93
Registered: ‎06-26-2009
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Re: Got a call from cc company today.... with threats!

Originally was Wachovia.. bu tnow WF due to merger.

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
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Re: Got a call from cc company today.... with threats!


MyFico_704 wrote:

Received a call from cc company/employer saying I have 3 days to pay the minimum balance due of $300 or it will go to the recovery deparment, where it will then be a "charge off" and it will hurt my "credit for 7 years."  The rep also stated that since I do work for the bank they will do a "wage garnishment."

 

They've been calling my desk at work.. but I've just been ignoring the calls.  TODAY the called my manager and she transferred the rep over to my desk!  Are creditors permitted by law to say anything about my personal debts to my manager?  Employee or not????

 

I owe 16k along with other cards (total 87k) that I just can't afford to pay.  I live in NC... are wage garnishments permitted by law?

 

 


Each state is different, but even in those where garnishment is not an option it may be possible for your employer to use "offset" to deduct the debt from your wages.

 

As for speaking with your manager, they may be ok in talking to him as the debt is owed to your employer.  Besides, the people who call you are the OC and OCs are generally not bound by the FDCPA.

 

In many states you can be fired for not paying debts owed to your employer.  Some banks are notorious for doing this and courts have sided with the employer.

 

It goes without saying, if you want to keep your job, defaulting on money owed to the bank you work is one of the riskiest behaviors you could possibly engage in.  Playing Russian Roulette is less risky. 

 

 

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