top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

How do creditors find out where you work?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    How do creditors find out where you work?

    I've had a judgement awarded against me on a defaulted unsecured loan (in the area of $25,000).

    I have not filed for bankruptcy (and don't intend to, if I can help it).

    The creditor has already filed to collect from my bank account, but there is nothing there (I received a copy of the notice sent back from the bank to the creditor).

    I am currently unemployed, but worry that once I find employment again, my wages will be garnished right away keeping me from getting back on my feet.

    My question is: How do creditors go about finding out where you work (or more to the point, what, if anything, can I do to prolong them finding out)? Do they receive an automatic notification some how, or do they have to again actively investigate to get employment information on me? Do they find out via my name or SSN? Do they just get a new credit report to see if an employer shows up or do they have other resources?

    Thank you in advance for your knowledgeable answers to the above question.

    (I understand that I am liable for the debt and the best track would be to arrange for repayment. Please do not waste bandwidth to remind me of this and just stick to answering the question posed in this thread. Thank you.)

    -LG
    Last edited by lucasgerome; 01-14-2008, 12:29 PM. Reason: formatting and text edit

    #2
    I would suggest not signing up for automatic deposit at your new job. Get paper checks and then cash them at Walmart or someplace like that.
    Filed CH 13 September 17, 2007
    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

    Comment


      #3
      There are two types of investigative techniques, passive and active.

      Passive primarily relies on database information already known about you. (i.e. credit reports, credit applications, etc). For obvious reasons (cost) collection agencies prefer passive investigation. But in your situation, passive investigation would probably not yield anything. The main way creditors figure out where you work is by your credit report, but employment information only ends up on your credit report if you applied for credit and listed that employer.

      Active investigation usually means hiring "some person" to get information about you. Also, since they have a judgment against you, they could simply schedule a judgment creditors exam and ask you where you work (you would be under oath).

      If you don't apply for credit, the chances of them finding out where you work in the near future is actually pretty slim.

      Comment


        #4
        Generally, when you apply for a new checking account banks will run a chexsystems check and/or pull your credit report. If the pull is a hard pull, then any other creditor/CA will see this action.

        There are banks and pre-paid debit card accounts that allow you to direct deposit money and have a debit account, and they do not run chexsystem or credit report.

        Since it is always possible that a judgment creditor/CA can get an attorney to request a debtor exam, you would have to give up your bank account numbers. It is also possible that a collection attorney could subpoena your employer to provide paystubs that might show the direct deposit routing and account number.

        In small communities it is possible that an attorney can find your abnk account by sending a blanket query to all local banks.

        I don't think there is some giant info data-base out there that automatically links your SSN to all your finances.

        I'm not sure of the possibility of any of the above, and I suppose it depends upon how aggressive the collector is.

        If you can go cash-and-carry or prepaid debit card, then you might give this some thought.

        I think it is impossible to know what others know about you.

        It might also be a good idea to fill out an exemption form (if your state has such a thing) and at least get your exemptions on file with the court.

        I hope you will oneday get back on your feet and be able to deal with the debt. I'm in a bit of the same situation as you.

        Comment


          #5
          For that kind of money they'll find out where you work. If your new employer does credit checks they'll get it off your CR. Or, they'll subponea you to tell them. Or, they'll have someone follwing you when you leave the house.

          Comment


            #6
            How do you get them to stop calling (mistaken identity)

            I've got the bad luck to have the phone number of someone who really NEEDS to file (car loan, payday loan, creidt cards, you name it). I keep telling the companies that I'm not that person, and some stop, but most don't.

            I've tried quoting the law to them, but it doesn't work.

            One way that creditors find out where someone works is by asking people like me. If I knew where she lives or works, I'd sic the collectors on her fast.

            They have to report the debt as in collections rather than charged off because it's worth more to resell.

            Ripley1423

            Comment


              #7
              Ripley, the funny thing is that because the debt isn't yours, you're only tangentially covered by the FDCPA. You're far more likely to have better luck if you send them a cease and desist notice in writing, informing them that you are not that person, that person does not live/work where you are receiving calls, they must cease all contact with you immediately by phone or mail, and that if they do not you will take action against them for plain ol' garden variety harassment, including recovery of lost wages, etc in having to deal with them. If you look through the various sample cease and desist notices that people suggest for FDCPA compliance, this would not be much different at all. Yes, it is still a violation of FDCPA, but technically you are not the injured party because you are not the debtor.

              Next time they call, get the name of the firm or agency, and ask them at what address they like to receive certified mail, click. Send the letter and you should hear no more. If they truly think you are her, and they can't find her but you start sending these letters, it will probably move them toward getting a judgement if the amounts are substantial, but in either case it'll get them off your back.

              Good luck!!!
              Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

              Comment


                #8
                oh boy - I'm definately going to have to get a cease & desist ltr ready because I know they will be calling me at work. Luckily I work in a semi-private area BUT a truly nosey woman sits within hearing range. They can call my cell - but please - not my job!
                Filed Chapter 7 Pro-Se May 29, 2008
                341 July 1, 2008
                Discharged September 4, 2008
                Closed November 10, 2008 :-)

                Comment


                  #9
                  Originally posted by lucasgerome View Post
                  I've had a judgement awarded against me on a defaulted unsecured loan (in the area of $25,000).

                  I have not filed for bankruptcy (and don't intend to, if I can help it).

                  The creditor has already filed to collect from my bank account, but there is nothing there (I received a copy of the notice sent back from the bank to the creditor).

                  I am currently unemployed, but worry that once I find employment again, my wages will be garnished right away keeping me from getting back on my feet.

                  My question is: How do creditors go about finding out where you work (or more to the point, what, if anything, can I do to prolong them finding out)? Do they receive an automatic notification some how, or do they have to again actively investigate to get employment information on me? Do they find out via my name or SSN? Do they just get a new credit report to see if an employer shows up or do they have other resources?

                  Thank you in advance for your knowledgeable answers to the above question.

                  (I understand that I am liable for the debt and the best track would be to arrange for repayment. Please do not waste bandwidth to remind me of this and just stick to answering the question posed in this thread. Thank you.)

                  -LG

                  I Mean 25k your going to have to deal with it sooner or later ... either filed BK , Get a Job and pay or try to have judgement vacated. You dont want to buy a home a they put a lien on it or garnish your banking account with a full pay check in there.. or whatever they do now a days

                  25k is alot of money which is why they are active in their search for that money ...

                  Good luck
                  Last edited by aachudneymiles; 01-18-2008, 12:05 AM.
                  *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
                  *Last day to Objection 02/19/2008 :yahoo: [x]
                  *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
                  TransUnion 538 Experian 519 Equifax 531

                  Comment


                    #10
                    About the OP's primary question: They can find out where you work. All a CA has to do is to inquire with your state's employment/tax dept. Employers have to send quarterly tax reports in which they list all their employees. While I'm quite certain that they won't be looking for you on ALL reports, I am quite certain that if the tax/employment office just enters your SS # your name/employer will pop up somewhere.
                    Of course I do not know if your state's tax/employment office will actually cooperate with the CA's request.

                    Comment


                      #11
                      Originally posted by danaf View Post
                      oh boy - I'm definately going to have to get a cease & desist ltr ready because I know they will be calling me at work. Luckily I work in a semi-private area BUT a truly nosey woman sits within hearing range. They can call my cell - but please - not my job!
                      Danaf, chances are good that their *first* contact with you will not be at your job, especially if you do not put your work number on credit apps and the like. Their first contact with you will probably be at home.

                      But regardless, don't worry about nosy cubicle lady. When they call, at home or at work, just say, "I'm sorry, but I can't discuss this right now. Can you give me your number and I can call you back?" It should be a number with an extension. What you do is wait until after hours and call the number back to get the answering machine, which will give you the name of the collection agency. Go online to get their mailing address, or call back the next day and instead of punching in the extension, hit 0 for operator to speak to the receptionist and without giving your name, ask at what address they prefer to receive certified mail. (For all they know, you could be an attorney, so don't worry about them figuring out it was you; just be sure you have your caller ID blocked from whatever phone you use, cell or home.) Send your cease and desist immediately by certified mail. If they call back, say, "Oh, yeah, I sent you letter about that. You should wait to get that before we talk. Thanks for calling." Click.

                      For all nosy cubicle lady knows, it's about your second cousin's daughter's baby shower you can't attend. No worries.

                      Hope this helps. Good luck!!!

                      P.S. I only recommend this for first contacts. If they have received your letter and for whatever reason still call at work (or anywhere, for that matter), a firm but polite, "I'm sorry, I can't talk with you on this phone. It will have to wait until I'm home," followed by immediately hanging up should do the trick. Once you're home, call them and blast them a new one, or pursue the FDCPA violation legally. Usually once they get the written cease and desist by certified mail it stops, though, and yo won't have to worry about it.
                      Last edited by FreshLikeADaisy; 01-18-2008, 02:24 PM. Reason: added P.S.
                      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

                      Comment


                        #12
                        A noob skip tracer could probably find you in about fifteen minutes just using the Internet. Once they find you, a simple court order to appear is sent. You get to go in front of a judge and disclose all your assets and where you work. Don't think for minute that the only fruit a judgment is going to get is your <wages>. Those are preferred, but just about anything will do...have a car? Saving account? Property?

                        While you are hiding underground, the interest is accumulating on the judgment (yes, they will collect interest, just like a loan would)..After a few years, when you are back on your feet and forgot about the judgment, it will bite you in the hiney and will by this time balloon to a lot more than 25K. You will pay it eventually, especially once it has been sold down for pennies on a dollar, that will make it just toooo juicy to pass up by any decent, bottom feeder skip tracer...This may hurt, but you should go BK and get this infection under control........
                        NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

                        Comment


                          #13
                          Originally posted by no_it_all View Post
                          A noob skip tracer could probably find you in about fifteen minutes just using the Internet. Once they find you, a simple court order to appear is sent. You get to go in front of a judge and disclose all your assets and where you work. Don't think for minute that the only fruit a judgment is going to get is your <wages>. Those are preferred, but just about anything will do...have a car? Saving account? Property?

                          While you are hiding underground, the interest is accumulating on the judgment (yes, they will collect interest, just like a loan would)..After a few years, when you are back on your feet and forgot about the judgment, it will bite you in the hiney and will by this time balloon to a lot more than 25K. You will pay it eventually, especially once it has been sold down for pennies on a dollar, that will make it just toooo juicy to pass up by any decent, bottom feeder skip tracer...This may hurt, but you should go BK and get this infection under control........
                          Good post! Without filing, this debt will continue to haunt. Folks need to deal with these types of debt one way or another, because they aren't going to disappear. The OP stated it was already a judgement, so it's not going to go away.

                          Comment


                            #14
                            Back to the Original Question...

                            They mainly find out where you work from your credit report. If you list your new employer on a credit application they will find it. If your new employer checks your credit and does a "hard pull" they will find it.

                            Debtor's exams are rare because they cost the creditor some money. But even if they do one of these, you could always quit that job and go get another job, and all the money they spent on the debtor's exam goes right down the toilet, where it belongs.

                            If you can work for an employer who doesn't pull your credit report, then you can probably hide your employment from the creditor for a long time.

                            If you can work temporary jobs and/or become self-employed or do contract work (which I do) then it really doesn't matter if the creditor finds out where you work, because by the time they go to all the bother and expense of tracking down the employer and setting up the expensive wage garnishment stuff, you can just switch to a new employer.

                            Over 80% of judgments are NEVER paid. Most of the time, judgments aren't worth the paper they're printed on. I'm living proof of that.
                            The world's simplest C & D Letter:
                            "I demand that you cease and desist from any communication with me."
                            Notice that I never actually mention or acknowledge the debt in my letter.

                            Comment


                              #15
                              Originally posted by jp2861 View Post
                              Good post! Without filing, this debt will continue to haunt. Folks need to deal with these types of debt one way or another, because they aren't going to disappear. The OP stated it was already a judgement, so it's not going to go away.
                              Wrong!

                              In Arizona, judgments are only good for 5 years. If they want to renew the judgment for another 5 years, they can do that indefinitely, but THEY ALMOST NEVER DO THAT!

                              Every person that I have known in Arizona who had a judgment against them (and I know a LOT of people like that!) that remained unpaid for over 5 years, has told me the same thing. The creditor didn't bother to file the necessary paperwork to renew the judgment, and the judgment became null and void.

                              Arizona did this to prevent unpaid judgments from clogging up the system.

                              Most creditors know that it's not really worth going after a debtor who hasn't paid a judgment for over 5 years.
                              The world's simplest C & D Letter:
                              "I demand that you cease and desist from any communication with me."
                              Notice that I never actually mention or acknowledge the debt in my letter.

                              Comment

                              bottom Ad Widget

                              Collapse
                              Working...
                              X