Legal Question in Credit and Debt Law in Kentucky

Harrassing Phone Calls At Work

Okay, Normally I don't get involved with other people's affairs but what I encountered today at work I just had to email and ask Can They Do That? I work with a lady that has come upon hard times. Every known bill collector in the area is calling her wanting their money. However my question is Can they call and harrass you everyday at work. It is the same creditors everyday but the one most diligent is MBNA. THis company is now calling her on her job and threatening that they are going to take her to court and put a lein against her house and garnish her wages and that they will do this at anytime they choose without her knowledge. IS this true? From what I could gather the amount owed to MBNA is around 12,000. The account is also not charged off which is what they are threatening to do. My question is what legal recourse does she have to stop the harrassment? Is it possible for them to garnish wages without her knowledge? Can they put a lien against her home? IF all of this is possible what does she need to do?


Asked on 8/20/03, 7:33 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Harrassing Phone Calls At Work

Under the Fair Debt Collection Practices Act, creditors can be stopped from calling a debtor at work if work does not allow her to receive personal calls there.

And no, she cannot have her wage garnished (legally) without a court entering a judgment on the debt against her in an action brought by the creditor. She is entitled to notice of the suit and the opportunity to defend the suit.

Depending on many other factors, her best bet may be to consider a bankruptcy filing, which will end the harassment, at home, at work, where ever.

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Answered on 8/20/03, 8:53 pm


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