Legal Question in Credit and Debt Law in Missouri

Debt Collector.

I got a call from a debt collector who said they were going to freeze my husbands wages.We have never been to court.We have been trying to work something out but they usually hang up on me. Can they freeze our wages?


Asked on 6/10/09, 9:47 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Debt Collector.

What you describe sounds horrible. Under the Fair Debt Collection Practices Act (FDCPA) collectors are nto allowed to make idle threats. I do a fair amount of collection work, and have never hears of "freezing" someone's wages in Missouri. A Judgement creditor make execute a garnishment on one's wages. But that does not attach the entire amount. (generally 25%, unless one claims head of household, then it is 10%).

The statement you made about never having been to court, sounds interesting too. You may want to check the records from the county court in which your husband lives, to see if there is a judgment against him. If there is, you may want to see what kind of service the Court says was taken upon your husband. It is common for people to not take serious enough Notices they are given personally, by mail or through other occupants of their home.

If there is no judmgent taken against your husband, I suggest you contact an attorney in yrou area to explore taking action aganst the collection agency. If there does appear to be judgmetn against him then you may still want to counsutl counsel to see what can be done about it

Good Luck

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Answered on 6/10/09, 12:20 pm


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