Does a debt collector have to have a court order to garnish wages?

Question

I have debt of around $500 that is from 2005. I am willing to make payments. My husband was laid off work and things are tight financially. The collection agency is threatening to garnish or sue if I cannot make payments of $100 or more each. This is impossible for us. Can they garnish me with-out a court order?

Answer 1

The court order is necessary. Try settling, now.

Answer 2

No they can not Garnish your wages without a Court Order. They must first obtain a Judgment against you and there are rules and laws that must be followed. It sounds like high pressure Intimidation Tactics to me and you can turn the tables on them real easy.

1. When you do pay the Debt or payment pay it to the Company that you actually owe.

2. Record the calls when they call you, they always say this call may be recorded and then say back to them "yes it is being recorded let me start my recorder"

3. Once you have informed them you are recording them ask for them to explain just exactly how it is that you owe them this money when you have not opened any accounts with them and to furthermore once again explain how they intend to Garnish your wages.

The Collection Companies generally buy this debt from other Creditors for about half of what you actually owe in anticipation of intimidating you into paying them the entire amount that you owed the original creditor.

Answer 3

call and ask them