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Can debt collectors garnish your check?

I

imported_elwood

Senior member
My GF has some credit card debt from years ago. A while back the debt collector (some lawyer) contacted her and worked out a payment plan. She's been making the payments for quite some time now.

Well, she was late a few months ago and once recently so they sent her a paper and from what i can comprehend (most of it is cryptic lawyer crap) it seems as if they are trying to garnish her wages.

Can they really garnish your wages for credit card debt or is this just the typical bill collector scare tactics?
 
It would have to go through the courts first... which would probably cost them more in the long run. It is probably just another threat.
 
Well, they may have gotten a court order...or it's a good lie.

What i dont understand is why they would incur almost $3000 in court fees etc to collect $900? (was probably less since she's been paying on it)

The paper says she owes $3675.39 total. Thats court cost, interest, attorney fees, etc.

Insane! I think it's a scare tactic. She was making the payments. /shrug
 
Originally posted by: elwood
Well, they may have gotten a court order...or it's a good lie.

What i dont understand is why they would incur almost $3000 in court fees etc to collect $900? (was probably less since she's been paying on it)

The paper says she owes $3675.39 total. Thats court cost, interest, attorney fees, etc.

Insane! I think it's a scare tactic. She was making the payments. /shrug
Click to expand...


Assuming they went to court...
They didn't incur any court fees, she's paying the court fees.
 
They wouldn't be able to just surprise her with a court order. They would have to sue her and win a judgement.

Most collection agencies won't go through the trouble unless its a ton of money. To stop scare tactics, have her tell the collector in writing (registered mail, return receipt) not to contact her again per the FDCA.
 
may want to check into the courts judicial case search (most states have one online)..

there could possibly be a case against her and she doesn't even know it..

they'll have to sue first.. get a judgment..
then a writ of garnishment would have to be ordered, through the courts of course..
 
Yes, with a court judgment. And for that to happen really requires something a bit more than just being late a few months ago. What happened (more likely from what you're saying) is that the credit card provider had already charged off the debt, the debt collector (attorney) already had a judgment against her from years ago, and she defaulted on it. Not good.
What the collector can do varies by state of course, but I would recommend that, beyond just making the payments, she get caught up on any amount she might be in arrears (behind) on quickly, or else their attempt at garnishment might stick.
 
and remember.. judgements are bad.. judgements are "forever"...

in some/most states, judgements are worse than bankruptcy


judgements can also be renewed.. and over.. and over.. and over..

they are a nightmare
 
Originally posted by: Vic
Yes, with a court judgment. And for that to happen really requires something a bit more than just being late a few months ago. What happened (more likely from what you're saying) is that the credit card provider had already charged off the debt, the debt collector (attorney) already had a judgment against her from years ago, and she defaulted on it. Not good.
What the collector can do varies by state of course, but I would recommend that, beyond just making the payments, she get caught up on any amount she might be in arrears (behind) on quickly, or else their attempt at garnishment might stick.
Click to expand...

A debt collector cannot issue a wage garnishment. Only the courts and the Federal/State government can do that.
 
Originally posted by: JulesMaximus
Originally posted by: Vic
Yes, with a court judgment. And for that to happen really requires something a bit more than just being late a few months ago. What happened (more likely from what you're saying) is that the credit card provider had already charged off the debt, the debt collector (attorney) already had a judgment against her from years ago, and she defaulted on it. Not good.
What the collector can do varies by state of course, but I would recommend that, beyond just making the payments, she get caught up on any amount she might be in arrears (behind) on quickly, or else their attempt at garnishment might stick.
Click to expand...

A debt collector cannot issue a wage garnishment. Only the courts and the Federal/State government can do that.
Click to expand...

Where did I say otherwise? 😕

What I said was that, based on the fact the she is on a payment plan, there is probably already a judgement against her. In that case, should she be in arrears, which it sounds like she is, then the court would likely approve a wage garnishment.
 
Well, i called the courthouse it was filed with. They said it was filed and it is waiting for the judge to view it. This is crazy, i would've never let this happen to me. ::sigh::
 
Originally posted by: elwood
Well, i called the courthouse it was filed with. They said it was filed and it is waiting for the judge to view it. This is crazy, i would've never let this happen to me. ::sigh::
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Unless you will hire a comptenet lawyer to handle this quickly (i.e. work out a reasonable settlement) judge will rule in favor of the plaintiff, I can almsot 99.99% guarantee it to you. As someone mentioned, judgements will mess up your credit just as bad as bankruptcies and for as long (5 years at least).
 
Originally posted by: elwood
Well, i called the courthouse it was filed with. They said it was filed and it is waiting for the judge to view it. This is crazy, i would've never let this happen to me. ::sigh::
Click to expand...


well.. that is bad..

The debt collector most likely submitted their claims, afidavits, and alleged balance and since your GF really didn't stand much of a chance to fight against this, the judge will rule in the debt collectors favor..

Did your GF set out the payment plan in writing when she previously "contacted" the debt collector? Or was it all verbal, on the phone?

Whenever there is communication to a debt collector (also known as scum bags), it should ALWAYS be in WRITING.. Never talk to them on the phone.

 
Originally posted by: jlbenedict
Originally posted by: elwood
Well, i called the courthouse it was filed with. They said it was filed and it is waiting for the judge to view it. This is crazy, i would've never let this happen to me. ::sigh::
Click to expand...


well.. that is bad..

The debt collector most likely submitted their claims, afidavits, and alleged balance and since your GF really didn't stand much of a chance to fight against this, the judge will rule in the debt collectors favor..

Did your GF set out the payment plan in writing when she previously "contacted" the debt collector? Or was it all verbal, on the phone?

Whenever there is communication to a debt collector (also known as scum bags), it should ALWAYS be in WRITING.. Never talk to them on the phone.
Click to expand...


She just brought me the original paper she had received from this lawyer and it was an agreement to pay NINETY monthly payments of $103 (7.5yrs, over $9000) WTF!

I really don't know what to tell her other than i guess she needs to find a lawyer or wait and see what the judge does. Which i'm pretty sure the judge will rule in favor of the debt collector since their original written agreement states that if she's ever late that the entire amount will be due immediately or whatever.

I think she's just screwed.
 
Originally posted by: elwood
Originally posted by: jlbenedict
Originally posted by: elwood
Well, i called the courthouse it was filed with. They said it was filed and it is waiting for the judge to view it. This is crazy, i would've never let this happen to me. ::sigh::
Click to expand...


well.. that is bad..

The debt collector most likely submitted their claims, afidavits, and alleged balance and since your GF really didn't stand much of a chance to fight against this, the judge will rule in the debt collectors favor..

Did your GF set out the payment plan in writing when she previously "contacted" the debt collector? Or was it all verbal, on the phone?

Whenever there is communication to a debt collector (also known as scum bags), it should ALWAYS be in WRITING.. Never talk to them on the phone.
Click to expand...


She just brought me the original paper she had received from this lawyer and it was an agreement to pay NINETY monthly payments of $103 (7.5yrs, over $9000) WTF!

I really don't know what to tell her other than i guess she needs to find a lawyer or wait and see what the judge does. Which i'm pretty sure the judge will rule in favor of the debt collector since their original written agreement states that if she's ever late that the entire amount will be due immediately or whatever.

I think she's just screwed.
Click to expand...


Ouch... Yes.. she is screwed.. and not in the way she wants to be 😉

 
How old was this debt originally?

It would be a damn shame if it were already outside of SOL when she agreed to the payments.

Viper GTS
 
Originally posted by: Viper GTS
How old was this debt originally?

It would be a damn shame if it were already outside of SOL when she agreed to the payments.

Viper GTS
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Yeah, this attorney scared her into the monthly payments on may of last year. She said the debt was way over 3yrs old (the SoL in LA).

This makes me sick.

Should we try and get a lawyer? Is it too late now that he's already filed the suit and it's awaiting viewing by the judge?
 
Originally posted by: elwood
Well, they may have gotten a court order...or it's a good lie.

What i dont understand is why they would incur almost $3000 in court fees etc to collect $900? (was probably less since she's been paying on it)

The paper says she owes $3675.39 total. Thats court cost, interest, attorney fees, etc.

Insane! I think it's a scare tactic. She was making the payments. /shrug
Click to expand...

The reason is it doesn't cost them that if they win. Also chances are the lawyer is on salary for the company.

More than likely they will also have one court date for several deadbeats at once.

 
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