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lady26 | Will they garnish my wages? |
One of my credit cards hired an " attorney" to collect money for them ( tho i think tis a collection agnecy) anyways the person called my work today i called back the guy said i need to pay or he is going to send a letter to my job verifying wages so he can start a garnishment i said " Your empty threats dont scare me. you cant garnish my wages without taking me to court first" anyways , ive heard they threaten to garnish wages but they rarely ever do - because the legal cost to them is more than the debt a lot of times and its just not wroth it. do u think i should be worreid? is it just a scare tactic? thanks :) |
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Natalie Day
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Hi! I am a Certified Paralegal (PLS) for a collection agency, and, unfortunately, I do this all day long.
1. What he said to you is totally legal according to the FDCPA. The only time that he can't say that is if he has no intention of suing you; being that he said it, I'd say he means it.
2. Every state is different, but here in Nevada, it takes me 68 days to get from a Summons & Complaint to an Execution of Judgement. It only costs me $300 start to finish for most actions, and you the debtor have to pay it back to me. So, I'm really not out any money.
3. It's not just your wages they will be after - it will be your bank acct, and if you have ever paid on that bill with a check, they have the number and will serve your bank with the Execution of Judgement. Your bank will empty all funds you have, pay the court, who will then pay the collection agency. They will find out if you have any property. If you do, they will stick liens on it. If you have more than one vehicle, they can force you to sell them, but they have to leave you with at least one, and it wont be your choice. If you live in a community property state and are married, your husband's income, bank accounts and property can also be seized.
My suggestion to you is to call them back an make some sort of payment arrangement, or even ask them if they can offer a settlement on the bill. By the time a delinquent bill has "gone legal" most legal departments will work with you to avoid civil action. We do understand that sometimes things happen, and MOST legal departments have all sorts of remedies to help you find the cash you need to pay the bill. Lord knows, I have been super creative, and usually end up helping them pay off all of their delinquent bills; but that cant happen if you dont call and ask them for their help.
Good luck and if you need anything else, let me know. |
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Oh Nooooo!
 |
Well, in Texas, creditors cannot garnish wages, but I have been sued by one and have a land lien filed against me. When I get the point where I want to buy or sell a house, I will have to pay it off before I can close and it will be adding 18% interest until then. This was one creditor out of MANY. In other states, they can garnish wages, but they do have to take you to court, first. |
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pilot
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If they goto court you have to pay the debt and their cost to collect which will be attorneys fees, filing fees, and court cost. It can add up quick and it's too important to neglect. It can affect your job. |
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zyberianwarrior
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actually they can but only on court order to do so and guess what he just made a felony threatening you like that. Next move eggplant. |
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Brian G
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It is not just a scare tactic, it is illegal. They cannot threaten you with an action that they are not legally allowed to do, such as tell your employer that you are late on bills and to garnish your wages. You are correct that they can't do that until they have gotten a court judgment against you. It would also be illegal for them to represent themselves as an attorney if they aren't. Next time they contact you, tell them that they are not allowed to call you anymore and that all contact must be in writing. If they make one of those illegal threats in writing, go to your state's attorney general with it. They can be prosecuted and you can be awarded big bucks from them. |
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Shorty Doowap
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in order to garnish your check they have to go through your HR rep and then court and it involves alot of paper work..ALOT of paper work..I have been threatened too with that..so far..no garnish |
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sexytrojan
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You did (said) the right thing!
The only ones who garnish your wages without a court order are Federal and State IRS! And they do NOT give you notice. |
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wizard
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yes they can,they are doing it to one of my friends |
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Jeep! Jeep!
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They have to have a court judgement to allow them to garnishee your check. It takes about 6 months to 1 yr to get you into court. If you fail to appear they will be granted the judgement, if you do appear it will be up to the judge, but if you owe you will be ordered to pay or they will garnishee your pay. Some do not actually persue you in court just harrass you for yrs & put it on your credit report for 7-10 yrs.
If you have several you may want to see a bankruptcy attorney. |
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hotmalendc2k1
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That statement has earned you $1000 under the FDCPA! You can actually sue him for misrepresenting himself, as well as making false threats. Send them a letter telling them to only communicate via mail; NO telephone contact whatsoever. Mention something about his statements he made over the phone, and get it all in writing to use against them in court.
By the way, when was the date of last activity on the account? Check online to see what the Statue of Limitation is in your state; it may be to late to legally collect. Here in the MD area, the SOL for credit card debt is 3 years; anything after that, and they can forget about trying to take any legal action! |
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