Wage
Garnishment
Can
a credit card company garnish my wages? It is a well known
fact that many debt collectors will threaten a debtor
with a wage garnishment action for non payment of a debt.
In other words, they are telling you that they will garnish
your wages from your pay check. Can
they actually follow through on that threat? Yes they
can, but not until they first summons you to court, sue
you, win, and have a judge decide to garnish your wages
as the method of repayment.
Keep
in mind, most threats from debt collectors to garnish
your wages from your pay check are just scare tactics.
Many debt collectors operate unethically and violate Federal
and State consumer protection laws on a routine basis.
Did you know a false threat to garnish wages in against
the law? The Federal law that governs debt collectors
is the Fair
Debt Collection Practices Act.
Some
states such as Florida, Pennsylvania, and Texas have laws
to protect their consumers from wage garnishment. However,
this does not mean that you are judgment proof. It is
a possibility that a judgment can be satisfied through
a bank levy (freezing your bank account) or putting a
lien on your house. Since laws can change from time to
time, make sure you consult with an attorney or other
professional who knows the most current laws pertaining
to your state.
If
you are served with legal documents about a lawsuit for
an unpaid debt, it's in your best interest to contact
a consumer law attorney immediately. Never ignore a lawsuit;
it will not help you. When you don't show up to court,
the plaintiff can have a default judgment entered in their
favor. This means you automatically owe whatever the creditor
sued you for and the court decides how to get the money
from you such as a wage garnishment.
If
you receive notice from your employer about your wages being
garnished, but were never served a lawsuit, you should definitely
see a lawyer. Chances are, the plaintiff didn't do something
right and you may have the judgment overturned.
The
best defense one has against a lawsuit for an unpaid debt
is the Statute Of Limitations. The SOL
is the time limit that the plaintiff has in which to file
a lawsuit. If the time limit has passed, then their legal
right to collect on that debt is forfeited. If this has
happened, ask the court to dismiss the suit.
Also,
if you've been sued regarding a debt and the SOL has passed,
than you may have a case to sue the plaintiff for filing
a frivolous lawsuit.
It
is extremely important if you have an unpaid debt, to attempt
to resolve that debt in some form or another. Debts do not
go away by themselves. By enrolling into a professional
debt settlement program
before your bills get seriously delinquent, you could avoid
wage garnishment action.