Legal Question in Credit and Debt Law in Texas

Creditor calling at my employment, garnishing wages

To whom it may concern,

I recently had a creditor call me at my place of employment and threaten to garnish my wages for a ''lease'' that was signed over four years ago. I have continually tried to contact the leasing company, but they are unlisted. I know that this company obviously had my work number, and that they had my address the whole time because they sent me a letter a less than a week before the phone call. During the phone call to my employer, the person on the phone threatened to garnish my wages until the debt was paid. My question is; Can the creditor call me at my place of employment, or actually garnish my wages resulting in basically no paycheck for several months? I appreciate any help in this manner. Thank you for the wonderful websit that you have set up.


Asked on 3/07/02, 10:20 am

1 Answer from Attorneys
Anh Regent Regent & Associates, L.L.P.

Re: Creditor calling at my employment, garnishing wages

In Texas, creditors cannot garnish your wages (with a few exceptions that don't apply here). Threatening to do so is a violation of the Federal Fair Debt Collection Practices Act as well as the Texas Debt Collection Act. Also, there may be a statute of limitations issue since the debt is four years old or more (threatening to sue on a debt that is time-barred). The problem is that even if there is a violation of the FDCPA or TDCA, you don't have any damages yet. I would keep it in your pocket and if they ever sue you for it you have a nice counterclaim.

Anh Regent

713-266-1458

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Answered on 3/07/02, 11:21 am


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