[blindlaw] client paying a collection agency

[William Burley, III]

Hi Mike.

Sounds like Vanroo Corporation almost.

It sounds as if he has already made the payment arrangement and if he did,
he would have had to sign the paperwork in order for it to start.  My fear
is, that now that they know where he is, his bank account, if he doesn't do
it their way, they will either attack his wages.  Since it's student loans,
unless he can show that he isn't working due to his disability (if there is
one), then he can apply for loan forgiveness through the original holder of
the student loan.  usually, I think the rule is having been disabled for 60
months and a three year review period after the loan is forgiven.

To me, it seems like the easiest thing to do would be for him to set up a
separate account for the student loan payment deductions.  He pretty much
needs to keep the agreement because it will just add to his interest.  If
he's going to fight it I would suggest he keep making payments.  If there is
the disability thing, then if awarded, he can get money back.

Now this is just what we've done with folks at the job....Not sure about the
legalities and any case law.




Will Burley
713..614.3322
William.burley3 at gmail.com 

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-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Mike Gilmore
Sent: Tuesday, March 08, 2011 2:23 PM
To: blindlaw at nfbnet.org
Subject: [blindlaw] client paying a collection agency

I have a client who defaulted on a private student loan a few years ago. The
loan went into collection. Last year, my client was able to obtain
employmetn and began making $200 monthly payments. When asked if payment
could be submitted via check, the agency said no. Their reason was that
because of the size of the debt, they could only secure payment to their
client either by deducting the $200 from my client's bank account or writing
a check for the monthly amount and sending it to client's bank. Either way
an eight dollar fee is assessed in addition to the monthly payment. (They
did offer to take a check for the entire ammount of the debt which my client
doesn't have. I should also add that the account is a joint account that has
client and client's spouse on it.)

Each month before the payment is deducted from my client's account, a letter
is sent by the agency which says "if you don't have the funds in your
account, call us and let us know and we'll arrange an alternate payment
method for that month." It seems to me that on one hand, the letter could be
a form letter that they send out to all debtors regardless of the amount
owed. On the other hand, they could be lying about the only way to receive
payment for the amount.

What do all of you think? Need advice on how to get the agency to accept
checks. My client is afraid that they'll go to court and attach his wages if
he disallows the monthly deductions.

Thanks.

Mike


      
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