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PRS, LLC calling RE: Husband's acct with Commerical Credit
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Posted by Christina Wagoner (24.50.246.145) on November 05, 2002 at 13:23:05:
I need some information. Professional Recovery Services, LLC (Denver, CO) called my husband's ex-wife's mother (confusing!)on Monday 10-28-02. The ex-wife called PRS and spoke with them. Then the ex-wife called me. The ex-wife (Melina) spoke with a woman named Stacy. Melina informed me that Stacy said that my husband owed on a loan and that they would be garnishing wages of my husband, Melina and her current husband until debt was paid. Stacy said that the state of WV (where loan was obtained) was a community property state which gives the CA the right to go after all 3 of them for payment. My husband says that he took the loan out in 1993 prior to his marriage to Melina (5-1993) and that he refinanced it after his divorce in 7-1997 (to the best of his recollection). The CA said that this loan was originally from Commercial Credit and that they would require 20% down payment to stop garnishment. They offered to settle a $10,000 debt for $5366 (which knocks off about $4700 of insurance) for $1072 down payment and then 10 monthly payments of $429. The only way to have lower monthly payments is to increase the amount of down payment. My husband was going to speak with his mother about borrowing the money for the down payment until he learned what the monthly would be, which is more than we can afford. Originally Stacy wanted the down payment by 12 noon on Tuesday 10-29-02, after speaking with me on Tuesday morning, she said she could extend it to Wednesday 10-30-03 at 12 noon. I called her prior to that time and told her that my husband still had not been able to catch his mother at home and she said to get in touch with her no later than 2pm her time Thursday 10-31-02. I called her about 2:30 pm my time and left a message for her to contact me. She called me at 3:04 my time and I told her that I didn't think we would be able to come up with the down payment by 5pm Thursday, and she hung up on me. I called her back and told her that I didn't appreciate being hung up on that it wasn't very professional on her side. She said that there was no reason to continue the conversation. That she had offered a solution and we obviously did not want to pay the debt. I asked her about obtaining a copy of the original credit agreement and she informed me that she didn't have to provide me with that and there was no point in sending any letters that there would be no paperwork sent to me and that they were going to proceed with the garnishment, and that my husband had admitted on tape that the debt was his (even though my husband said he was not informed of being taped). That is the last time we spoke. I received a statement from the company on Monday 11-4-02 and a phone call from the ex-wife at 11:15am on 11-5-02. Stacy had called her and told her that my husband and I are not returning phone calls, that she has called and I have refused to speak with her. The total amount due on the statement is $10,095.72. My husband is contemplating filing Chap. 7 bankruptcy to avoid a wage garnishment of "25% of your paycheck until the debt is paid off" (which is what Stacy said it would be). My husband has told them several times that the ex-wife has nothing to do with this debt. My husband and I live in Ohio and the ex-wife is still in WV. Any ideas on what we can do?
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