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It is tax time - and debt collectors around the nation are getting fired up to take another shot atstripping consumers of their available cash. With anticipated taxreturns looming on the horizon Debt collectors are going to getserious about collecting (aka - harassmentfrom debt collectors). The saying in the collection industrygoes - "the market is above 10, and unemployment is below 10,go get those tax returns" as if this is supposed to bemotivational. However - if you are delinquent on any federal loans,the government is going to take a bite out of the tax return beforeyou ever see it and certainly before you would ever consider payingit to a collection company. Many people have recently inquiredabout debt collection help regarding this issue, here inCalifornia and indeed across the nation. It seems that many oftheir anticipated tax returns are already being stripped away andgarnished by Uncle Sam. Most find it amazing how quickly andeasily the government can garnish their returns - without evenobtaining a judgment from a court! The bottom line is this �Cthe government will get paid. If you are seriously delinquent ona government loan (whether a military credit card account, a federalschool loan, etc.) and you are expecting a hefty tax return - lookout - you could be next. It doesn't seem fair - thegovernment can withhold all the money until tax time (as an interestfree loan) and then take what's there to satisfy your old debts(charging you interest and penalties of course). I am no experton instituting liens and garnishments on other people's taxreturns, however, it is my understanding that the collection company,who is acting on behalf of the government, can simply fax some formsto the tax authorities and obtain a lien/garnishment for youranticipated return. What's more, a collection company who isacting on behalf of the government to collect a federal student loanor other federal debt can also institute a wage garnishment by simplyfilling out a few forms and faxing it to your employer. Thereare a number of laws that help you stopdebt collectors in their efforts to strip you cash forpersonal debts, however, when it comes to paying back the government�C they know how to find you. Unfortunately, a debt collectorsending a wage garnishment to your employer is not a third partydisclosure under the law. However, just because the debt isfederal in nature, a private collection company must still follow thefederal laws in attempting to collect the debt. Therefore,excessive calling, baseless threats, or other conduct that wouldviolatethe FDCPA is still an issue with respect to many of thesedebts. Keep in mind, in order for theFDCPA to apply it is still a requirement that the debt isconsumer in nature and it is a third party collection company. Inmany instances there is still protection under theFDCPA. Unfortunately,most of the time, when a collection company has such an easy avenueto collect (simply sending a fax to your employer to garnish wages orputting a lien on your tax returns) they are going to take thatavenue rather than continue to hound you on a daily basis viatelephone, etc and thereby subjecting themselves to a possible FDCPAsuit. Think twice about your withholding pattersthroughout the year and seek a professional tax consultant in how tominimize your potential exposure. In my mind it is always betterto owe a little at the end of the year rather than let the governmentget a tax free loan and then strip you cash later anyways.
Deathand taxes - it is the only two certainties in life. WeStopDebtCollectors.com has a team of highly qualified and experienced professionals from the field of consumer law and has handled more than 30,000 consumer actions (Debt Collection Laws) with over 98 percent of these cases being amicably resolved without the need for trial.