I’ve often commented on the sad tactics debt collectors use to shake down distressed debtors. Fortunately, there’s no prize for the sleaziest tactics. If there were, Alpine Credit Inc. out of Lakewood, Colorado would win a blue ribbon.
A client of my colleague and fellow NACBA member Will Evans received a letter from Alpine that conveyed this delightful message:
“The bench warrant from your arrest will remain in effect until your judgment is satisfied. We are confident, at some point in time you will be pulled over for a traffic violation, will need to renew your drivers license, or will be arrested at your home. You must post a cash bond before you will be released from jail. Your failure to face the seriousness of this matter will only result in further expenses.”
Interestingly, Alpine Credit apparently touts itself as being “professional”, “ethical” and “legal.” For real.
Will tells me that his client was “…in extreme distress because she was afraid to take her kids to school for fear of being pulled over and arrested in front of them.”
At the risk of sounding unprofessional, what kind of desperate little scum-bag bill collector needs to descend to such levels? I can’t imagine it’s ethical, and I know it’s not legal.
Most people would – if they could – pay their bills. The last thing struggling folks need is a letter like this…and the fear and sleepless nights it spawns. A violation of the Fair Debt Collection Practices Act? You bet. But perhaps more importantly: it’s just plain wrong.
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My parents bank account was frozen. They exist soley on Social Security and a pension. That is the only money they get. I don’t understand how the bank could do that. Is it legal? I thought that money would fall under a exempt category?
Hi Kimberly,
You should talk to a lawyer in your state – or one that’s close by. Banks typically freeze accounts when there is an order from a court or a government authority (like the IRS). Chances are, there was a court order that allowed the account ot be frozen – but I honestly have no idea if that was really the case.
If creditors are going after your parent’s limited resources, there could be other debt lurking about that they might not be inclined to share with you.
Back in April, I blogged about Parents in Debt. Please check that out.
Feel free to contact me if you’re in Massachusetts.
Good luck to you and your folks.
–Bill
I live solely on disability. A debt gollector is trying to get me to pay a debt that is 1 1/2 past the SOL. Can they garnish my checks?
The short answer is no, but without more information, I cannot give you a clearer opinion. If you’re in Massachusetts, please feel free to call/email me.
—Bill
My father is being sued over a truck loan that he defaulted on a year or so ago. My mother and him are both in failing health. I gave the suing attorney a copy of all of my fathers health issues which include but are not limited to cancer and severe heart problems. They want him garnished. He only has 3 more months to work until he may retire. They cannot afford an attorney right now. My mother is on disability and there debts are large. do you have any suggestions for me? they won’t be able to touch his S.S.I can they? What do we do right now?
Tara,
Have your parents speak with an attorney. If they are in Massachusetts, feel free to pass along my contact information. If they are not, direct them to a local bar association for a referral or the the National Association of Consumer Bankruptcy Attorneys website (www.nacba.org).
Good luck!
—Bill
My ex husband is on Social Security Disability and also receives a check for our 11 yr old daughter. He was order by the court during the divorce to equally divide our daughters check since we share joint custody. He has stopped and refuses to give me 1/2 of her check, is now over $3000.00 delinquent. Can I file a contempt claim to make him start spliting the check and have a portion of this delinquent amount garnished from his Social Security disability check
Kay,
This is something you should talk to a family lawyer about. Feel free to contact me directly if you’re in Massachusetts and I’ll do what I can to get you steered in the right direction. If you’re not in Massachusetts, check with your local bar association for a referral to an attorney or other legal services agency in your area.
Good luck!
—Bill