Legal Question in Credit and Debt Law in Pennsylvania

If any changes in pa law garnishment

A charged off credit collection agency has threatened to have my wages garnished. Does PA law prevent garnishing of wages in 2004? I have tried to settle with one of the credit collection agency last year, but it seems that they have sold the acct to someone else, who is now calling me and leaving messages that they will garnish my wages? I have 2 debts, which I have not been able to pay due to the credit card comp. adding on fees, etc... I continue to pay my other debts. I don't want to file bankruptcy for 2 debts, which have been inflated due to all extra interests/fees. These debts were from 1999 and 2000, when I was out on extended leave due to injuries and had no income source. Any recommendations on how to protect myself and not totally destroy my credit history?


Asked on 5/30/04, 1:04 pm

2 Answers from Attorneys
James Apple Apple and Apple, P.C.

Re: If any changes in pa law garnishment

PA does not allow wage garnishment for these types of debt. Also, the statute of limitations is only 4 years in PA, so you may not be liable for any debts that have been unpaid for that long. You may have a case for violation of the PA and Federal Fair Debt Collection Practice laws. You should speak with a lawyer familiar with these laws. Please contact me or my associate, Joel Hausman, Esq. to answer any further questions.

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Answered on 6/01/04, 11:18 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: If any changes in pa law garnishment

If you have not acknowledged the debts for 4 years, they MAY be beyond the statute of limitations.

Also, you may have a case for violation of Fair Credit Collection law, given that they are threatening to garnish (which they cannot do for this type of debt) and leaving messages to that effect.

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Answered on 6/01/04, 6:39 pm


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