CC Wage Garnishment

[pambysue]

What would be the procedure before wage garnishment would begin? I have a few debts that I have been receiving calls on and I received a letter in November regarding a CC debt that was $300 and, due to fees, has grown to $3100!! The letter looked like it was from a law firm but didn't state anything regarding wages being garnished just that I had 30 days to dispute the validity of the bill. I had asked that they send me a statement showing how the amount had grown from $300 to $3100 and the man got quite nasty with me. I hadn't heard anything more. Would I be served some kind of a summons beforehand? Any insight would be appreciated.
Thankyou

[BK&Filer]

Don't Panic

They would have to obtain a judgement (and you would receive notice regarding a court date) against you before they could begin a garnishment. You were right on the mark asking for details of the debt - they are required to provide that if asked.

[GoingDown]

Make sure you put your request in writing and not just say it over the phone to them. In fact, stay off the phone with debt collectors. They will try to get you to admit to owing the amount over the phone and try to get various kinds of information about you over the phone-- such as where you work, where you have a checking account, etc.

You need to send them a letter by certified mail stating that you "dipute the validity of the alleged debt" by certified mail within the 30 day period, which will force them to provide documentation of the debt before they can legally proceed with any more collection activities. You can also include "cease and desist" demand in your letter to get them to stop calling you on the telephone. Simply say "I demand that you cease and desist from any further communication with me by telephone" and they legally are forced to stop calling you, unless they want to violate the Fair Debt Collection Practices Act.

By the way you described it, it sounds to me like this is probably a very old, out of statute debt that a junk debt buyer bought for literally pennies on the dollar and now their only legal means to collect it are to scare and bully you into paying it. I wouldn't worry about wage garnishment until they actually have a process server come to your door with a court summons. Until they do that, it's all a big bluff to frighten you into paying.

[pambysue]

Thankyou both for the advice & reassuring words! These sure are trying times!!!
Yes, I put the dispute in writing, however they still called me. the guy on the phone was literally YELLING at me and telling me that I was a low life who refused to pay her bills! that is SO far from being true..but, it hurt nontheless! Then, another woman called who seemed much nicer..I tried to talk to her and then SHE became snippy too. I finally told her that I was going to file bankruptcy and she told me that NO lawyer would represent me in bankruptcy. I finally just stopped taking their calls. I have even received calls at work..I tell them "DO NOT call me at work. I CANNOT receive calls here." Then, when they call my home phone, I dont answer because it comes up 'unavailable' on the caller id. I figure..if they arent available then neither am I..LOL.
Again..thankyou both for the encouragement.

[GoingDown]

If this is a third-party debt collector and not the original creditor calling you, then they are violating the Fair Debt Collection Practices Act.

You can file a complaint against them with your state's attorney general and with the FTC.

You can also send a letter to the collection agency's legal department informing them that they are violating the FDCPA by continuing to call you after you told them in writing that you dispute the alleged debt and that they are not to call you on the phone. Tell them in the letter that you will be recording all future telephone calls and that you will file a lawsuit against them in Federal Court for their violations of the FDCPA is their harassing phone calls continue. I know of several people who have won lawsuits against collection agencies and in the process were awarded judgments against the collection agencies which ended up paying off their debts.

But if this is not the only debt you owe, then you would probably be far better off just filing for bankruptcy and getting rid of all of your debts at once.

[no_it_all]

I know of several people who have won lawsuits against collection agencies and in the process were awarded judgments against the collection agencies which ended up paying off their debts.

Since the maximum statutory damages paid to a consumer for violation of the FDCP act is a paltry $1,000 dollars, the <debts> that these people owned couldn't have been too big huh?

[GoingDown]

/\ Your signature should also say... "Hey Rocky, watch me pull a rabbit out of my hat!"

[pambysue]

HAHAHAHA!!! Thats a good one Albeit so true!

[Spartan]

You have gotten a taste of the scare tactic. Don't fall for it. Their words are bunny crap. Hmmm... less than bunny crap actually. At least bunny crap is good for plant growth..


Anything that is not in writing, is not worth a piss at. To garnish your wages, they have to sue you and serve you the paper. Then you have typically 21 days to respond. If you respond, then the court will schedule a hearing. That will take a month or 2. If you don't respond, they will end up with a judgement, at the end of that 21 days. Then they will contact you in writing, asking you to state your sources of income and assets. By then you will have to comply. If you ignore them, then they can get the court to issue a civil contempt and the court may issue a warrant for you. Don't worry. I got to that point and ignored them. I moved at that time and they have never been able to find me for the last 4 years.

4 years later, I went to renew my driver license and they got hold of my new addy. They sent me a letter. I wrote on the same letter that I request verification of the debt. Never heard back from them.

I just filed. So, they can kiss their effort goodbye. All for naught.