My husband & I are considering filing bankruptcy w

My husband & I are considering filing bankruptcy we owe almost 11,000 it was from his Navy Federal loan. and a little over 2000.00 in other dept. DCS(collection agency) has threatened to have him put in jail and take our only car of transportation if 20% is not paid within 7 days. Can they do this to us. We have a 20month old child with a disability & 4 month old. He is the only one working and we can't afford to pay 20% and/or have the car taken away or jail time. I need your advice please. Can we file for bankruptcy as well?

4 Answers

As per the FDCPA laws, the collection agencies can't threat consumers to put them into jail. So, DCA has clearly violated the FDCPA laws. Your husband should register a complaint against the CA to FTC. If he wins the case, then the CA will be subjected to pay a fine. They will also pay your court fees. 

The CA can't garnish wages without receiving judgment against your husband from the court.


This might be a federal debt...a sign on bonus with the military would be subject to terms if he breached the contract.   Therefore it is possible that there is NO bankrutpcy or SOL on this account.

 

I would suggest calling the creditor and filing a written complaint against DCS.  THey are committing major FDCPA violations.

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com/statute-of-limitation.html

It was a sign on bonus through the US Navy, he was not able to complete the 4yrs. So they are making him pay it back. & DCS has been threatning to take our car and jail time if we do not make the payment.

They are telling us we need to get a loan or pay with a credit card that we don't have and we are not even about to get a loan that we know we will not get approved for. My husband has been nothing but nice to them, he has been very respectful and calm with them. We are just not able to pay this off. If they do decide to garnish his wages we will hardly have nothing to support our family with, he's only part-time. Thank you so much for answering our question's.


Debts are civil, not criminal....you cannot go to jail.  Nor can DCS make threats like that. What type of debt is this???  The only way they can take the car is if it is repo'd by the loan holder.....

 

 

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com/statute-of-limitation.html

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