CONSUMER PORTFOLIO SERVICES RIPOFF CENTRAL HARASSES FAMILY MEMBERS IRVINE California

CPSSS-

That is incorrect. I have been called late in the evening and on Saturdays and Sundays so the information you just gave out is not correct. You people need to get your stories straight. I had one lady give me a letter that extended my payment then had another call wanting to know why it wasn't sent. Does the right hand even know what the left is doing or is just fly by the seat of your pants? I was willing to make my payments for the vehichle that I owe more than it's worth on but had asked for a temporary reduced payment amount but nope not possible.

Samantha,

First of all, these appear to be third party debt collectors so the FDCPA would apply. All you need to do is send a CEASE COMMUNICATIONS request as per the law. Send this by certified mail, return reciept requested and be sure to put the certified# on the letter itself to prove exactly what you sent.

Second, NEVER speak to any debt collector on the phone! Get EVERYTHING in writing!!

Now, as far as garnishments go there are many problems with your situation.
The first problem, is that they CANNOT garnish your pay without first suing you and winning, getting a judgement, and then go after the garnishment order. It is NOT automatic, AND you can appeal it if it happens.

The amount of the garnishment is totally impossible! The total amount of the garnishments from your pay cannot exceed the maximum in your state, and in no way would be 300+ per week! I doubt your husband is making that kind of money!

If your husband makes $1000/week, and assuming a max of 25% garnishment in your state, that would be a TOTAL of $250/week and that is pushing it after your appeal rights which vary from state to state, and some take figures from "expendable" income, like Florida.

It is NOT your original payment + additional for garnishment per week/month. That is NOT the way it works.

I think you should have been more diligent in maintaining that Subaru so the engine did not blow! Preventive maintenence!! Preventive maintenence is better than a deficiency judgement!

Samantha,

First of all, these appear to be third party debt collectors so the FDCPA would apply. All you need to do is send a CEASE COMMUNICATIONS request as per the law. Send this by certified mail, return reciept requested and be sure to put the certified# on the letter itself to prove exactly what you sent.

Second, NEVER speak to any debt collector on the phone! Get EVERYTHING in writing!!

Now, as far as garnishments go there are many problems with your situation.
The first problem, is that they CANNOT garnish your pay without first suing you and winning, getting a judgement, and then go after the garnishment order. It is NOT automatic, AND you can appeal it if it happens.

The amount of the garnishment is totally impossible! The total amount of the garnishments from your pay cannot exceed the maximum in your state, and in no way would be 300+ per week! I doubt your husband is making that kind of money!

If your husband makes $1000/week, and assuming a max of 25% garnishment in your state, that would be a TOTAL of $250/week and that is pushing it after your appeal rights which vary from state to state, and some take figures from "expendable" income, like Florida.

It is NOT your original payment + additional for garnishment per week/month. That is NOT the way it works.

I think you should have been more diligent in maintaining that Subaru so the engine did not blow! Preventive maintenence!! Preventive maintenence is better than a deficiency judgement!

Samantha,

First of all, these appear to be third party debt collectors so the FDCPA would apply. All you need to do is send a CEASE COMMUNICATIONS request as per the law. Send this by certified mail, return reciept requested and be sure to put the certified# on the letter itself to prove exactly what you sent.

Second, NEVER speak to any debt collector on the phone! Get EVERYTHING in writing!!

Now, as far as garnishments go there are many problems with your situation.
The first problem, is that they CANNOT garnish your pay without first suing you and winning, getting a judgement, and then go after the garnishment order. It is NOT automatic, AND you can appeal it if it happens.

The amount of the garnishment is totally impossible! The total amount of the garnishments from your pay cannot exceed the maximum in your state, and in no way would be 300+ per week! I doubt your husband is making that kind of money!

If your husband makes $1000/week, and assuming a max of 25% garnishment in your state, that would be a TOTAL of $250/week and that is pushing it after your appeal rights which vary from state to state, and some take figures from "expendable" income, like Florida.

It is NOT your original payment + additional for garnishment per week/month. That is NOT the way it works.

I think you should have been more diligent in maintaining that Subaru so the engine did not blow! Preventive maintenence!! Preventive maintenence is better than a deficiency judgement!

Samantha,

First of all, these appear to be third party debt collectors so the FDCPA would apply. All you need to do is send a CEASE COMMUNICATIONS request as per the law. Send this by certified mail, return reciept requested and be sure to put the certified# on the letter itself to prove exactly what you sent.

Second, NEVER speak to any debt collector on the phone! Get EVERYTHING in writing!!

Now, as far as garnishments go there are many problems with your situation.
The first problem, is that they CANNOT garnish your pay without first suing you and winning, getting a judgement, and then go after the garnishment order. It is NOT automatic, AND you can appeal it if it happens.

The amount of the garnishment is totally impossible! The total amount of the garnishments from your pay cannot exceed the maximum in your state, and in no way would be 300+ per week! I doubt your husband is making that kind of money!

If your husband makes $1000/week, and assuming a max of 25% garnishment in your state, that would be a TOTAL of $250/week and that is pushing it after your appeal rights which vary from state to state, and some take figures from "expendable" income, like Florida.

It is NOT your original payment + additional for garnishment per week/month. That is NOT the way it works.

I think you should have been more diligent in maintaining that Subaru so the engine did not blow! Preventive maintenence!! Preventive maintenence is better than a deficiency judgement!

""And you & your husband listed those references on your application, which gives CPS the authorization to call them anytime you're deliquent without contact (read your contract).""

This is not completely correct. People cannot control what names and phone numbers folks who owe or apply for credit give you. I had a sister who listed me as a reference for a student loan (without telling me) and when nelnet contacted me (after she was late, of course) I put them on notice and the calls stopped.

The folks that are listed as references and wish to stop the phone calls can do so very easily.

If I get phone calls from you because someone listed me as a reference, all I have to do is mail a certified, return receipt requested letter to your agency declaring that I do not consent to being a reference and that any further contact from your agency will be considered harassment. That opens the door to sue your agency (and the employee) and seek criminal prosecution should your agency contact me again.

The "references" who are being harassed should send written notices to the creditor and the debt collector-put everyone on notice.

Just to clarify, CPS is not calling you "all hours of the night" & Sundays; the office closes at 5pm (pst) & not even open on Sundays. And you & your husband listed those references on your application, which gives CPS the authorization to call them anytime you're deliquent without contact (read your contract). Lastly, if you choose to give up your vehicle & don't pay the balance you're responsible for, yes, CPS can legally garnish your wages up to 30% in some states. You people should spend less time complaining because you can't meet the standards of the contract you signed & read that contract. I'm not especially pleased with my job, but I have to spend my days hearing complaints from ignorant consumers who don't ever read the fine print of anything before putting their Hancock on the dotted line & end up screwed because of their terrible credit. As for the services charges, you're either getting late charges (assesed every 10 days of deliquency), NSF fees, or legal fees; generally from having to send out field agents to locate our consumers--which is all stated in your contract. Funny how it's easier to complain than to actually read.