Legal Question in Credit and Debt Law in Indiana


Can collection agentcies garnish your wages if you are making monthly payments?

Asked on 8/08/07, 3:17 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Financial

Collection agents are liars. Now it is possible that what they say is true, in the same sense that a stopped watch has the correct time twice a day. But the only way your wages can be garnished is if you have been sued, and a judgment has been entered against you, and a wage garnishment has been approved by the judge. At every step in this process, you have a right to object. I'm guessing that the collection agency has done none of these things. Try to document everything the barbarians say to you. Start by asking them to put their threat in writing and mail it to you. Unless you see it in writing, you know it is completely bogus. They won't put it in writing because then it could be used as evidence against them in a Fair Debt Collection Practices lawsuit, where you could collect money and your lawyer would collect attorney fees. Now, a collection agency is not required to accept monthly payments unless they have agreed to the amount. But they still cannot garnish you wages without jumping through all the hoops I described. Confer with a real lawyer if they ever bother you again. Good luck.

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Answered on 8/08/07, 8:14 pm

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