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Additional Details
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Rosebud | Can Dell legally garnish my wages? |
Who can legally garnish your wages? I asks this because I have been getting calls from a company called Oxford Management Services and they said that if I didn't pay my Dell computer loan IN FULL and fast that they would get lawyers involved,they would garnish my wages along with me paying the attorney fees and put a lien on my house. Can they do this? |
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meandnadine
|
Garnishment can only be done by a court order.
But, to answer your question - YES, if they take you to court and win, then they can do all that stuff you described. |
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acermill
|
Yes, they can. All they need do is file a lawsuit to obtain a judgment against you for an unpaid bill. With that judgment, they can proceed to seek a writ of garnishment, as well as liens on any personal property which you own.
You are advised to pay this off BEFORE it gets to that stage, since they WILL add all attorney and processing fees to the amount you owe. And THAT can easily double what you owe. |
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Judy1
 |
They'd first have to sue you in court for what you owe. But if you do owe the bill and haven't paid it, then they'd most likely win in court, and then be able to do what they are threatening. |
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rlloydevans
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They would first have to take you to court, win a lawsuit for a judgement against you.
If they do that then they can garnish your wages and put a lien on your house. However, unless it is a large debt, most collection agancies only threaten this action, and rarely do it, because of the time and effort it takes to do it. |
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Vera C
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Yes, they do have the legal right to do this. It will also impact your credit ratings in the future. |
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claudiacake
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Not if you live in Texas. I don't know about other states, but in Texas, your wages can be garnisheed for federal income taxes and child support only. They can take you to court and get a judgment against you. In Texas they cannot put a lien against your home, but you can not buy or sell property (even a car) until the judgment is satisfied. |
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Crystal P
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In most cases no because if you're making any kind of payments and they're excepting them then they are excepting your payments. But different rules apply for different companies and places so check with a lawyer as soon as possible. |
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Brian G
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They can, but not without going to court and getting a court order for it. They have to take you to court and win the judgment first. Then they have to wait a certain amount of time to allow you to appeal and/or pay. After that time, they can return to court to get the garnishment order or attach liens on any asset that would cover the judgment.
That it is all legal is one thing. But also remember that this is a collection agency that makes its living by buying old debts for pennies on the dollar and collecting as much as it can. They know they will only collect on a small percentage of these debts they buy. Most of them are bluffing and they will not go to all that expense unless they are 100% sure they can collect it all back in a short amount of time. As the old saying goes, it would be throwing good money after bad. You just have to decide whether you want to take the chance on this being a bluff. |
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Expert Realtor
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No. Remember that collection people work on commission and they will lie, lie, lie and tell you anything to get you to make a commitment to pay.
Every creditor in America would be filing liens against homes left and right, if it were that easy.
A creditor is entitled to REASONABLE legal fees. That is why they don't go to the expense of putting a lien against a house, because if you sued the, they would lose.
They may, at worse, get a judgement against you. Don't worry about anything else...they are just blowing smoke up your butt.
In all my years of lending....I have seen bona fide garnishments on paychecks other than child support), maybe 30 or 40 times....out of THOUSANDS of paychecks...all but maybe 2 or 3, were tax garnishments from the IRS.
The ONLY liens I have ever seen on title of a home, were mechanics liens, tax liens, UCC liens, from utility bill companies, and once I saw one where a lawyer had filed one for unpaid legal expenses.
Other than that? I've NEVER seen one from a routine credit card company. It may be legally possible, but it just flat out, doesn't happen. |
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Nicholas R
 |
The only person that can garnish your wages or put a lien on your home is a judge. If it get that far yjet will more than likely come after you for legal fees as well. Why not just negotiate with the collection agency and pay your bill. |
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Justme
 |
I don't know about the lien on the house but they can go after your wages. youre best bet is to try and work out a payment plan with them. Pay as much as you can every month. they will continue to push you to pay it all off because that is youur job but they will go easier if you are showing good faith by making payments. even small ones. and if yyou tell them why you didn't pay it in the first place if the reason is good enough - illness, job loss etc. |
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now4more2do
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Yep. If they win when they sue you. |
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jackie
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you need to check the garnishment laws in your state. Most states do not allow garnishments for anything other than the Government (ie. taxes or school loans) or child or spousal support. I'll bet you your state is the same. A computer loan just doesnt fit in either category.
But They can garnish your bank account tho. if they have access to your account information, they can get into it or put a freeze on it until they are paid....they have to get a judgement first. The law protects your "wages"...but once it's in the bank its not "wages" anymore.
My advice...keep in contact with them, really try to pay them something (whatever is left after paying basic needs), keep good records of your correspondence, Dont let them bully you, and Dont get into that situation again! |
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Katasha
 |
Yes, if it's a valid debt that you have refused to pay, they can. They can get a judgement against you (where all they have to show is that you agreed to the debt and haven't paid it), then once the judgement is made against you, they can garnish up to 20% of your wages until it's paid off in full, including court costs, filing fees and attorneys fees.
Most creditors are willing to make payment arrangements with people who have problems paying their debts, especially if you had a good payment history then had something happen like loss of a job or such. Contact them and see about setting up payment arrangements, then stick with them so they can see you're making the effort. |
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shelcom
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you bet they can if you don't pay them. |
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DebtFree
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they can garnish if they sue and win. here's an idea... why not pay what you owe? |
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BlackDahlia
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They sure can. And it will be on your record for a long time. Credit is a precious thing! Do everything in your power to resolve the situation before they do. Even if you have to get a loan! |
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kokopelli
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You bet. They do this to deadbeats.
Pay the bill fast. |
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