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Debt collectors took money. Advice please. Jess081316 3 kids; Spokane Valley, WA, United States 830 posts
Mar 12th

So really long but I really really need some advice and help. 


So a little back story my sister and I lived in an apartment in 2008 and were there for about a year. Then my son Connor was born so my sister moved out and in with her bf and Nick (Connors dad) and I were going to stay there and finish out the lease. There was about 4 months left. Anyways long story short when Connor was a few weeks old Nick had a lot of anger management issues and acted somewhat violently towards myself and Connor in public (Once was at WIC appt and the other at the hospital when Connor was really sick). Both cases ended up with authority figures calling CPS on Nick and having concerns towards my safety and Connors. So I was told i needed to move and stay away from nick. Which I did. However that ended up breaking my lease.


Flash forward to today my sister went to pull money out of her account and collectors literally wiped her bank account clean. Like around 2k. She called me bawling just devastated. She is not in a good place right now. They are saying we owe for those 4 months and now tons and tons of fees because it's been almost 10 years. 10 FRICKEN YEARS. WTF. And we didnt even know we were being sued or anything. No letters or nothing. Only thing I have got is a phone call a few months ago telling me I was sent to collections for some debt owed and best choice was to make a payment over the phone. I said I have no problems making a payment but I'm not going to hand over my debit card and info without verification or proof of where my money is going. She said ok we will send something in the mail but never did

They are willing to drop the total amount down to $2,500 which isnt bad And will take $100 monthly payments till it's paid off which i can do but issue is they want $700 down payment towards it first. and they will issue my sister her money back if done so. I am just so upset. I do have the $700 but that's money I been saving for my car (have never had my lisence but really working towards getting it and getting a car so I can be a better mom and my kids can do more things). I dont want to get the crappy end of the stick where i have to pay it and she gets her money back but also know it shouldn't all fall on my sister. But also dont feel like its all my fault. I didnt choose to just up and leave. Im not like that. I was told i had to move. She's so depressed and upset about how she will pay her rent and bills now. I would just take out a 700 loan cuz i can afford payments but I have no pay stubs because I get paid under the table (nanny) so nobody will do that. I'm just so upset and my heart hurts for my sister. My nephew (17) is the one who messaged me about it today because he didn't know what to do because my sister was really distraught.

Cat.Woman. 2 kids; Gotham City, PA, United States 9477 posts
Mar 12th

Something isn’t adding up to me. How did they access her account? I don’t think they can just take money from her account. 

Cake and Cats 1 child; Virginia 964 posts
Mar 12th

Doesn't sound right at all. At the very least she would have gotten a letter from them informing her of what they were about to do before they cleaned out her account. They (should) keep records of all mail sent, ask them to provide proof , and if they cant your sister needs to contact her bank for fraud. 

Team❤Pink 3 kids; 4 angel babies; Maryland 4711 posts
Mar 13th

They would have had to win a judgement in order to have done that. Are you sure neither one of you got served with court papers & failed to go?

The Original Bob 4 kids; 4 angel babies; <3, CA, United States 37549 posts
Mar 13th

Quoting Cat.Woman.:
Something isn’t adding up to me. How did they access her account? I don’t think they can just take money from her account. 


 ExclamationAnd I thought debt can only be held against you for 7 years then it automatically closes. But I'm not 100% sure of that. 

Jess081316 3 kids; Spokane Valley, WA, United States 830 posts
Mar 13th

Quoting Team❤Pink:
They would have had to win a judgement in order to have done that. Are you sure neither one of you got served with court papers & failed to go?


They had access to  her account because she showed me the transaction and the withdrawels said garnishment case. She got in touch with an attorney and they said they don't have my information and am not on the case or something like that but she would need to sign something in order for them to talk to me or give me any info. I know 1,000% they never sent me anything other than that phone call. I have never been senr any papers or court papers nothing. I would have handled it for sure.  I did think it couldn't be collected after 7 years also. My son was a couple weeks at the time and he will be 10 this year. So im just confused 

Jess081316 3 kids; Spokane Valley, WA, United States 830 posts
Mar 13th

Also she said the attorney said they will drop the total money owed down to $2,500. And will take $100 a month payments IF we put $700 down first. And if we do they will place the money back in her account. Which sounds kinda weird to me also. My sister keeps wanting me to ask my SO for the loan but I don't think it's fair for me to have to pay all that myself and she gets her money back. 

.casper. Due September 27; 3 kids; 1 angel baby; Neverland, NJ, Christmas Island 1994 posts
Mar 13th

It all seems a little odd. I don’t understand why it was you that they called, but your sister who’s account they charged. How did they get her bank details? And how did they get your phone number? Surely they can’t just take money out of her account without letting her know? Have they let her know and she just hasn’t told you? Maybe she panicked and thought it’d just go away if she ignored it? do you fully trust your sister? I don’t know your relationship with her and I’m not accusing her or saying this to be horrible, but you say she’s struggling at the moment. Is it possible she’s struggling more than you know and is trying to find a way to get some money quickly and making the story up?

if it is all legit, I personally think the bill is down to you to pay and not her. It sounds like you came to an agreement that when your son was born she moved out so you could be a family and then you broke the lease. I’m not saying it’s your fault and you obviously did it for very valid reasons, but I don’t see how that is at all her fault when you agreed to stay until the lease was up. She shouldn’t be “punished” for that.

Jess081316 3 kids; Spokane Valley, WA, United States 830 posts
Mar 13th

Quoting .casper.:
It all seems a little odd. I don’t understand why it was you that they called, but your sister who’s account they charged. How did they get her bank details? And how did they get your phone number? Surely they can’t just take money out of her account without letting her know? Have they let her know and she just hasn’t told you? Maybe she panicked and thought it’d just go away if she ignored it? do you fully trust your sister? I don’t know your relationship with her and I’m not accusing her or saying this to be horrible, but you say she’s struggling at the moment. Is it possible she’s struggling more than you know and is trying to find a way to get some money quickly and making the story up?

if it is all legit, I personally think the bill is down to you to pay and not her. It sounds like you came to an agreement that when your son was born she moved out so you could be a family and then you broke the lease. I’m not saying it’s your fault and you obviously did it for very valid reasons, but I don’t see how that is at all her fault when you agreed to stay until the lease was up. She shouldn’t be 



I don't trust her as much as I should I guess like but I don't think she is lying about this. But it does seem weird that I am not on the case and stuff when we were both on the lease. She did say she got papers a while back but did not know what they meant and she tried calling multiple times and couldn't get ahold of anybody. She just told me about it yesterday. I know it's not a hundred percent her responsibility and what not you're right but I also don't think it's fair if she received court papers or anything of that sort and chose to ignore it (something I think she would kinda do) and not notify me. And I could have been making small payments all along instead of finding out just now and having to pay 2500 of money I don't have

Pittbulls&Pinups Due May 3; 1 child; United States 360 posts
Mar 16th

debt collectors have 7 years this is true but after the 7 years they can sell your case and debt to another collector and that restarts the years over again ..  however.. unless you went to court over this and the judge issued them the right to garnish then its not permitted, does she has the same bank account all these years?? i would be wondering why the bank permitted that... have her go to the bank and tell them it was not legally authorized and it was stolen by this company, dispute the withdrawal with your bank, and then take her money when they return it, and shut the account down. 

Jess081316 3 kids; Spokane Valley, WA, United States 830 posts
Mar 20th

Quoting Pittbulls&Pinups:
debt collectors have 7 years this is true but after the 7 years they can sell your case and debt to another collector and that restarts the years over again ..  however.. unless you went to court over this and the judge issued them the right to garnish then its not permitted, does she has the same bank account all these years?? i would be wondering why the bank permitted that... have her go to the bank and tell them it was not legally authorized and it was stolen by this company, dispute the withdrawal with your bank, and then take her money when they return it, and shut the account down. 


They dropped the total balance owed to  $2,300 and said they would put the money back in my sister's account and do $100 monthly payments IF we paid a down payment towards the total balance and paid $700. So my sister and I split it and now I have to make payments every month.