Legal Question in Credit and Debt Law in Georgia

Garnishment if minumum payment is met

a creditor has contacted me stating that have to give them my bank info to settle a debt I refused and asked if I could set up a payment plan to send a money order every month they said I couldnt do this and began verbally abusing me I sent in a payment 2 weeks ago and they refuse to give me a receipt. Can they still garnish my wages even if I pay the minimum every month????


Asked on 1/10/06, 10:21 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Garnishment if minumum payment is met

NEVER give a collector your bank or oersonal information. I also suggest that you never pay a collection agency unless you first have IN WRITING AND SIGNED an agreement as to terms of repayment.

If you are in default on a loan, regardless of whether you are making payments, a creditor can sue and then garnishee you unless they in writing waive that right.

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Answered on 1/10/06, 10:31 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Garnishment if minumum payment is met

As an additional response to the good advice to never provide your bank account information, a "garnishment" is an action taken pursuant to court order AFTER the creditor has recieved a judgment. You did not mention whether or not they have a judgment against you, but if you have recieved, or later receive, documents related to a court case against you, you need to read them very carefully and consult with a lawyer. When you provide your account info to a creditor prior to a court action (again, which you should not do), it is not called a "garnishment." It is merely a draft from your account.

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Answered on 1/10/06, 10:52 am


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