If today is the 1st time a collection agency calls me, can they begin steps to garnish my wages by tomorrow?

Question

They were very aggressive and told me that I had to come up with $1400 by this Friday. When I told them I would need more time or propsed a payment plan they furiously told me that they would call my place of employment tomorrow and begin garnishment process. Then she hung up on me! Is this legal? I didn't even know the debt existed until 11:00 this morning!

By the way, in case you're wondering, the debt is valid. I had moved and the bills were being sent to an old address for a year and a half, so I never saw them.

Answer 1

They are not allowed to harass you at your place of work. If they call again tell them you will hang up on them if they will not talk to you politely. Go to www.daveramsey.com you can get a copy of the cease and desist letter to deal with such calls. Send it in certified mail return receipt. If this is the first time they have called you it will take a while for them to take you to court. Call them and offer them say $900.00. If they accept then tell them you want the offer in writing. Whatever you do, do NOT give them access to your bank account. If they ask for your routing number an account number refuse.

Answer 2

No they must take you to court and get a judgment first and that takes time and is expensive.

My friend Studly sent me the link in the source box today it has tons of information on what collection companies can and can't do.

Answer 3

www.creditrepairuniverse.net

Learn everything about repairing and/or building credit

it takes between 1-3 months for them to get a judgment. tell eveyone at your house to not sign for any letters. Most companies will not send a sheriff. Just refuse any mail that is return reciept. Also, do not pay anything with a personal check only money order. 3rd call the collection office and ask to speak to the manager or a supervisor(first thing as who you are speaking with) and tell them you wish to file a complaing that a collection agent from that office called you and made threats and you wish to make a payment arrangment of $100 per month or a settlement of 60 percent of the debt if they treat you badly. Let them know you will file a case with the FTC. and hang up. If you are shy write a letter to them.

for more info look at website

Answer 4

They cannot garnish without a court order. Do they have it?

Ask them to simply send you something in writing as they obviously cannot communicate by phone.

Answer 5

Sounds like a tough deal but these collectors are very rude and they will try to tell you anything.Just get as much as you can and send them some and if that dont keep it from court go and tell judge what you can pay per week or month and it will work out i bet.But just keep in mind they cant get what you dont have and they try all kinds of things.I use to have a problem  so been there done that i went to court offered ten bucks a month on the account and they took it  as i had no money to speak of .Hope it gets better real soon.

Answer 6

no they must get a judgment in court to garnish wages

Answer 7

they can't threaten that unless they are going to.

Then can begin the process tomarrow, or even have started it. you have to go to court though

Answer 8

Debt collectors cannot garnish wages by themselves....they would have to go through a process that would take about 2-4 months to win a judgement against you.

Debt collectors love to scare people with bogus threats of legal action/lawsuits. If they threaten legal action, per the Fair Debt Collection Practices Act, you have the right to speak with their attorney. Request to know the attorney's full name and his/her license # in the state bar association. If they do not give you this info, the threat is bogus.

Answer 9

As she said, they can start the garnishment process.   They need a court order first, it could take them a month to actually begin garnishing your wages (they get 1/2), but they can start the process at any time.    Since you have not paid in a year and a half almost any judge would sign this court order if it is  large sum of money.