Sunday, October 24, 2010

Threatened with wage garnishment?

So you have incurred a credit account. The collector calls and requests for immediate payment of the debt. The collector then makes the following threat: "If you do not pay the debt by Monday at noon, we will garnish your wages, from the next paycheck."

Can they do that? Of course not. There is no state in the country. In fact, you probably just violated a federal law on debt to do this kind ofthreat. (The Fair Debt Collection Practices Act, covers issues related to debt collectors) I will ask you to rethink the threat was directed. "We will garnish your wages unless they get paid." Do not you think that if they actually had the opportunity to decorate your salary, just do it. A foreclosure is guaranteed payment of wages to them, so why bother to make a call or make other attempts to collect? The fact isno, it would be too easy to garnish your wages.

There is a legal term called "due process" which, in short, means that everyone is entitled to the protection of the law and have their day in court, everyone is entitled to justice. Now ask yourself whether it would be fair if the debt collector can garnish your wages without legal proceedings or a hearing to determine if they really have the money? Of course not, sobecause the attachment without a hearing or proceeding, does not occur.

In Pennsylvania, where the law practice, garnishment of wages is never an opportunity to charge a credit card debt, whether there has been a lawsuit or not. If a threat of wage garnishment is done here in NY, is an absolute violation of the Fair Debt Collection Practices Act, and the debtor (you or the person who is presumably the money) canhours a lawsuit against the debt collector you may be entitled to recover monetary damages and recovery of legal costs.

If you are threatened with wage garnishment, request the person's name, phone number, name of the company they are working, contact a consumer attorney in your area.

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